How does one go about adopting?
One can adopt through Cara (http://cara.nic.in/) which functions as a nodal point for adoption.
What is CARA?
- Central Adoption Resource Authority (CARA) is a statutory body of Ministry of Women & Child Development, Government of India.
- CARA is the designated central authority to deal with inter-country adoptions in accordance with the provisions of the Hague Convention on Inter-country Adoption, 1993, ratified by Government of India in 2003
- It functions as the nodal body for adoption of Indian children and is mandated to monitor and regulate in-country and inter-country adoptions
- CARA primarily deals with adoption of orphan, abandoned and surrendered children through its associated / recognised adoption agencies
Who can adopt a child?
- Single women and men
- Married couples
- Non-resident Indian
- Overseas citizen of India
- Foreign prospective or Indian prospective parents
What is the adopted children category?
- Orphan
- Abandoned
- Surrendered
What is the age criteria / eligibility for prospective adoptive parents to apply for children in different age groups?
Age of the child | Maximum composite age of prospective adoptive parents | Maximum age of Single Parents |
Upto 4yrs | 90 years | 45 years |
Up to 4 and up to 8 years | 100 years | 50 years |
Above 8 and up to 18 years | 110 years | 55 years |
What are the requirements for inter-country adoptions?
- Registration with CARINGS
- No objection certificate
- Pre-adoption foster care
- Legal procedure
- Passport, visa, conformity and birth certificates
- Follow-up progress
- Expenses
What’s the age group of children available for adoption?
Children in multiple age groups are available for adoption. As soon as a child is declared legally free for adoption by a child welfare committee, he or she is allowed to be given in adoption to resident or non-resident Indian parents, provided that such children are allowed to be in inter-country adoption
(a) after 60 days, if the child is below five years of age;
(b) after 30 days, if the child is above five years of age or is a sibling;
(c) after 15 days, if the child has any mental illness or physical disability as listed in the guidelines.
(a) after 60 days, if the child is below five years of age;
(b) after 30 days, if the child is above five years of age or is a sibling;
(c) after 15 days, if the child has any mental illness or physical disability as listed in the guidelines.
NB: The time limits specified in the proviso are calculated from the date the certificate issued by the child welfare committee declaring the child as legally free for adoption is uploaded on CARINGS
How long does it take to adopt a child?
It can take anywhere between three months and one-and-a-half years. Typically, if you choose the All-India Queue, the waiting period is less. Also, the preferred age of the child; opting for a 2 to 4-year-old toddler could reduce the waiting period. The wait is also less in case of a child with lesser physical attributes and disabilities.
How much does it cost to adopt a child?
The prospective adoptive parents have to bear the expenses for adoption as prescribed by the authority from time to time. The Specialised Adoption Agency and the Authority may receive adoption fee from the prospective adoptive parents and utilise the funds in accordance with norms prescribed by the Authority from time to time. The Specialised Adoption Agency is not permitted to accept any donation in cash or kind, directly indirectly, from the prospective adoptive parents for adoption of a child.
I am single. Can I adopt? What is the procedure?
Yes, both single women and men can adopt (please refer to CARA guidelines for details). However, while single women can adopt children of either gender, single men cannot adopt a girl child.
What is the age criteria set by CARA?
Children in multiple age group are available for adoption. One can mention a preferred age, but there are few chances that you will get your preference.
Are non-resident Indian treated on a par with Indians living in India in terms of priority for adoption?
NRIs are treated on a par with Indians living in India in terms of priority for adoption.
What is the registration process?
Any NRI, Overseas Citizen of India or foreign prospective adoptive parents living in a country which is a signatory to the Hague Adoption Convention can adopt an Indian child.
What is the procedure for conducting a home study outside India?
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- The prospective adoptive parents can approach an authorised foreign adoption agency or the concerned central authority to prepare their home study report and register it in the child adoption resource information and guidance system
- In case there is no authorised foreign adoption agency or central authority in the country where the prospective adoptive parents live, they can approach the concerned government department or Indian diplomatic mission in that country for the purpose
- The authority will check the home study report and other documents of the prospective adoptive parents to determine their eligibility. It will then be forwarded to the specialised adoption agency where children legally free for adoption are available
- The seniority of the prospective adoptive parents will be counted from the date of registration and uploading of requisite documents in the child adoption resource information and guidance system.
How many referrals are forwarded to the prospective adoptive parents?
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- The child adoption resource information and guidance system forwards profiles of two children, in one or two referral(s), to the authorised foreign adoption agency or central authority or government department or Indian diplomatic mission. This information is forwarded to the concerned prospective adoptive parents as per local rules.
- The specialised adoption agency forwards the child study report, medical examination report and photograph of the child in original to the authorised foreign adoption agency or concerned central authority or Indian diplomatic mission.
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Can both referrals be reserved? What is the time allotted to confirm the referrals?
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- The prospective adoptive parents may reserve one of the referred children within 96 hours while the profile of the other child is withdrawn
- In case the prospective adoptive parents fail to reserve either of the children within 96 hours, then the profiles of both the children is automatically withdrawn
- If the prospective adoptive parents reserve one of the children shown, they would have to accept the child by signing the child study report and medical examination report of the child within thirty days from the date of reservation
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Will preferences given by the prospective adoptive parents on adopting a child be considered?
Yes, the preference of the prospective adoptive parents is taken into consideration when sending referrals
What is the procedure in case the prospective adoptive parents are not happy with either of the referrals?
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- In case the prospective adoptive parents fail to accept the reserved child within 30 days, then the profile of the child stands withdrawn by the child adoption resource information and guidance system
- The prospective adoptive parents are then relegated to the bottom of the list in seniority. They get another opportunity to reserve and accept a child when their turn becomes due, provided their home study report remains valid.
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Can the prospective adoptive parents visit the SAA to see the child prior to accepting him or her?
Yes, it is possible to see a child before accepting him or her.
Can the prospective parents review the child with a medical practitioner of their choice?
Yes, it is possible for prospective parents to get the child reviewed by a medical practitioner of their choice.
Are documents in a language other than English acceptable?
No, the documents need to be translated into English and attested by the agency in the country of residence of the prospective parents.
What is a no-objection certificate?
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- A no-objection certificate is mandatory for foster care agreement. It is issued in favour of the prospective adoptive parents within 10 days of the date of acceptance of the child
- A letter of approval or permission of the receiving country as per the Hague Convention
- A copy of the no objection certificate is endorsed to all concerned parties and posted in the child adoption resource information and guidance system
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When can prospective adoptive parents take a child into custody?
Prospective adoptive parents can take a child into pre-adoption foster care for a temporary period within India while the court order is pending. They have to get a no-objection certificate from the authority and provide an undertaking to the specialised adoption agency.
When does the specialised adoption agency award the final custody of the child?
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- Once the adoption order is completed.
- The passport and visa are issued
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What is the legal procedure?
The legal procedure as provided in the guidelines will, mutatis mutandis, be followed in cases of inter-country adoption under this Chapter.
Can the specialised adoption agency represent the prospective adoptive parents who are unavailable to appear for the paper work?
Yes. The prospective adoptive parents have to, along with their application, provide a power of attorney in favour of the social worker or adoption in-charge of the specialised adoption agency processing the adoption.
Procedure for Passport, Visa, Immigration, Conformity and Birth certificates
What is the time taken to get a conformity certificate?
A Conformity Certificate under Article 23 of the Hague Adoption Convention in the format provided in the guidelines has to be obtained within three working days of the date of availability of the adoption order in the child adoption resource information and guidance system. This is possible only in case the receiving country of the adopted child is a signatory to the Hague Adoption Convention.
Who intimates the immigration authorities, the concerned foreign registration office about the adoption?
The authority informs the immigration authorities and the foreign office about the adoption.
How can one obtain a passport for the adopted child?
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- The specialised adoption agency has to submit an application to the regional passport officer within three working days of the date of the adoption order
- The passport office has to issue the passport within 10 working days of the date of receipt of application in accordance with the procedure regarding passport regulations for inter-country adopted children which is issued by the Union Ministry for External Affairs from time to time.
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How much time does it take to obtain a birth certificate?
The specialised adoption agency should procure a birth certificate from the issuing authority within three working days of the receipt of the adoption order. The name of the adoptive parents should appear as parents, and the date of birth of date as recorded in the adoption order.
Can the adopted child be given the Overseas Citizen of India card?
Yes, if found eligible, the Overseas Citizen of India card can be issued to the adopted child.
What is the time given to take an adopted child from India?
The adoptive parent(s) have to come to India for taking the adopted child to their country within two months of the date of the adoption order.
Follow-up progress of adopted child by Non-Resident Indian, Overseas Citizens of India and Foreign Prospective Adoptive Parents
What is the procedure for the follow-up report of an adopted child by a Non- Resident Indian, Overseas Citizen of India and foreign prospective adoptive parents?
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- The authorised foreign adoption agency or the concerned central authority or Indian diplomatic mission or government department has to report the progress of the adopted child for two years from the date of the arrival of the adopted child in the receiving country
- The follow-up has to be done on a quarterly basis in the first year and on a six-monthly basis in the second year and the report uploaded online in the child adoption resource information and guidance system in the format provided in the guidelines along with the photographs of the child.
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What if the child or the prospective adoptive parents have adjustment problems and any disruption is caused?
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- If the authorised foreign adoption agency or central authority or the concerned government department in the receiving country in the progress report or in the course of the post-adoption home visits notice any adjustment problem of the adoptee with the adoptive parents, necessary counselling is arranged for both the adoptive parents and the adoptee
- If it is found that the adoptee is unable to adjust in the adoptive family or the continuance of the child in the adoptive family is not in the interest of the child, the authorised foreign adoption agency or central authority or the concerned government department in the receiving country or Indian diplomatic mission can withdraw the child and provide necessary counselling. It arranges for suitable alternative adoption or foster placement of the child in that country in consultation with the Indian diplomatic mission and the authority.
- In case of disruption or dissolution of adoption, the child is entitled to receive care, protection and rehabilitation through the child protection services of that country and as per the Hague Adoption Convention for countries that have ratified it
- If required, the authorised foreign adoption agency or central authority or concerned government department can contact the Indian diplomatic mission to render necessary help and facilitate the repatriation of the child.
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Adoption by Overseas Citizen of India or foreign national from Hague Adoption Convention ratified countries living in India
Can an Overseas Citizen of India or foreign national adopt from India?
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- An Overseas Citizen of India or a foreign national, who is a citizen of a country that has ratified the Hague Convention and is a permanent resident of that country, can apply for adoption online in the format prescribed in the guidelines and upload the documents specified therein in the child adoption resource information and guidance system.
- On receiving the application along with duly notarised documents, except those originating from India which may be self-attested, the authority refers the case to a specialised adoption agency for preparing a home study report which then uploads it in the child adoption resource information and guidance system.
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How long are the prospective adoptive parents given to confirm the referral suggested by CARA?
The prospective parents may reserve one of the referred children within 48 hours.
Who prepares the home study report and uploads the progress report of the child?
It is done by the specialised adoption agency.
What is the procedure for preparing a follow-up report on an adopted child?
The specialised adoption agency reports on the progress of the child on a six-monthly basis for two years of the date of pre-adoption foster care. The details are uploaded on the child adoption resource information and guidance system.
What happens if there is disruption in the adoption?
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- If the specialised adoption agency notices any problem of adjustment between the adoptee and the adoptive parents in the progress report or in the course of post-adoption home visits, counselling is arranged for both the adoptive parents and the adoptee.
- During follow-up, if the specialised adoption agency finds that the adoptee is unable to adjust with the adoptive family or the continuance of the adoptee in the adoptive family is not in the best interests of the child, the procedure as provided in the
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Can the prospective adoptive parents procure a citizenship for the adopted child?
The concerned diplomatic mission ensures that the adopted child acquires citizenship of the country of his parents immediately after the adoption order and a copy of the passport of the child from the country of the nationality of the prospective adoptive parents is forwarded to the authority and the concerned specialised adoption agency.
Why is an overseas citizen of India or foreign national required to give an affidavit?
An Overseas Citizen of India or foreign prospective adoptive parents living in India are required to give an affidavit to the effect that they will allow personal visits of the representative of the specialised adoption agency or district child protection unit or state adoption resource agency for at least two years from the date of adoption.
What is the procedure if an overseas citizen of India or a foreign national moves out of India prior to the two-year period?
An Overseas Citizen of India or foreign prospective adoptive parents living in India have to give an undertaking to the effect that if they move out of India before the completion of two years after adoption, they will inform the authority about their movement, furnish their new address and continue to send their post-adoption progress report for the remaining period.
Adoption procedure for Overseas Citizen of India or foreign national of Hague Adoption Convention-ratified countries living in India
Do adoption regulations remain the same if one of the prospective parents is an Indian and the other a foreigner?
If one of the prospective adoptive parents is a foreigner and the other an Indian, the case is treated on a par with Indians living in India.
What if both prospective adoptive parents are foreigners?
If both prospective adoptive parents are foreigners, the case is treated in accordance with the guidelines.
Procedure for Indian citizens adopting a child from a foreign country
What are the procedure and regulations for Indian citizens adopting a child from a foreign country?
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- Indian citizens need to complete the necessary formalities for adopting a child from a foreign country in accordance with the specific laws and procedures for adoption in that country
- The authority has to give approval for the home study report of the prospective adoptive parents (along with supporting documents), child study and medical examination report, as required in cases of adoption of children coming to India as a receiving country.
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What is the procedure for applying for a visa for an adopted child to enter India?
A child adopted abroad by Indian citizens, having a foreign passport and requiring an Indian visa to come to India has to apply for a visa to the Indian mission in the concerned country. They will issue an entry visa to the child after checking all the relevant documents, following the adoption procedure.
How does immigration work in the case of a child adopted from outside India?
The immigration clearance for the adopted child can be obtained from the central government in the foreigners’ division of the Union ministry for Home Affairs through the Indian diplomatic mission to that country.
What If there are adjustment issues between the adoptee and the adoptive parents?
Counselling is provided if an authorised foreign adoption agency or central authority or the concerned government department notices adjustment problems between the adoptee and the adoptive parents in the course of post-adoption home visits or the progress report.
What if there is disruption in the adoption?
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- If it is found that the adoptee is unable to adjust with the adoptive family or that the continuance of the child in the adoptive family is not in the interest of the child, the authorised foreign adoption agency or central authority or the concerned government department in the receiving country or the Indian diplomatic mission can withdraw the child and provide necessary counselling. They also arrange for suitable alternative adoption or foster placement of the child in that country in consultation with the Indian diplomatic mission and the authority
- In case of disruption or dissolution of adoption, the child is entitled to receive care, protection and rehabilitation through the child protection services as per the Hague Adoption Convention, 1993, which India ratified in 2003
- The authorised foreign adoption agency or central authority or relevant government department can contact the Indian diplomatic mission to render necessary help and facilitate the repatriation of the child, if required.
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What is an undertaking letter?
The prospective adoptive parents have to furnish an undertaking letter to the effect that they will allow personal visits of the representative of the authorised foreign adoption agency, the foreign central authority or the concerned government department to report on the progress of the child for two years from the date of the arrival of the child in the receiving country.
What is the procedure for adopting children from India if the prospective adoptive Indian parents live in countries which are not a signatory to Hague Adoption Convention?
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- If one of the Indian parents is residing in India and the spouse is working on a temporary work permit in a country which is not a signatory to Hague Adoption Convention, the parents have to decide the place where they want the home study conducted and have to be together, either within the country or abroad, for the purpose.
- In case the Indian prospective adoptive parents desire to initiate the process in a country which is not a signatory to Hague Convention, the Indian mission can conduct the home study and facilitate the adoption process, including uploading the home study report and post-adoption follow-up report on the child adoption resource information and guidance system.
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Do adoptees have the legal right to root search? What is the procedure?
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- In case of an orphan or abandoned child, the specialised adoption agency or the child welfare committee may disclose to the adoptee the information regarding his or her adoption, including the source and circumstances in which he or she was admitted into the specialised adoption agency, as well as the process followed for his or her adoption.
- In cases of root search by older adoptees, the agencies or authorities concerned (authorised foreign adoption agency, central authority, Indian diplomatic mission, authority, state adoption resource agency or district child protection unit or specialised adoption agency), will have to facilitate the root search whenever contacted by any adoptee.
- Persons above 18 years can apply independently online while children below 18 will have to apply jointly with their adoptive parents to the authority while seeking facilitation of root search.
- If the biological parent(s) of an adopted child have, at the time of its surrender, specifically requested anonymity, then the specialised adoption agency or child welfare committee has to obtain their consent in writing before divulging any information
- In case of denial by the biological parents or if the parents are not traceable, the reasons and circumstances under which the information is not being made available have to be disclosed to the adoptee
- A root search by a third party cannot be permitted and the agencies or authorities concerned cannot make public any information relating to the biological parents, adoptive parents or the adopted child
- The right of an adopted child cannot infringe on the right to privacy of the biological parents.
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Are the adoption records kept confidential?
All agencies or authorities involved in the adoption process have to maintain the confidentiality of the adoption records, except as permitted under any other law for the time being in force and, for such purpose, the adoption court order may not be displayed in any public portal.
Are donations legal and accepted by agencies?
The specialised adoption agency is not permitted to accept any donation in cash or kind, directly or indirectly, from the prospective adoptive parents for the adoption of a child.
The adoption order will not ask the adoptive parents to execute any bond or make any investment in the name of the child, considering the fact that, their psycho-social profile and financial status have already been ascertained from the home study report and other supporting documents.
What is an All-India Queue?
It is an option whereby babies available across agencies in India are made available to prospective adoptive parents.
What is the Three States Queue?
It is an option whereby prospective adoptive parents can specify three states they might want to adopt from. These can be states close to their place of residence.
Can a couple with three or more children adopt?
No, a couple with three or more children cannot adopt except if they want to adopt chid with special needs or children who are hard to place