1 July 2014 version COUNTRY PROFILE 1993 HAGUE INTERCOUNTRY ADOPTION CONVENTION 1 STATE OF ORIGIN COUNTRY NAME: INDIA PROFILE UPDATED ON: PART I: CENTRAL AUTHORITY 1. Contact details 2 Name of office: Acronyms used: Address: Central Adoption Resource Authority CARA West Block- VIII, Wing- II, 1 st Floor, R.K.Puram, New Delhi Telephone: / / Fax: Website: Contact person(s) and direct contact details (please indicate language(s) of communication): cara.nic.in Dr. Veerendra Mishra, Secretary, Ph: / If your State has designated more than one Central Authority, please provide contact details for the further Central Authorities below and specify the territorial extent of their functions. 1 Full title: the Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption (referred to as the 1993 Hague Intercountry Adoption Convention or the 1993 Convention in this Country Profile).Please note that any reference to Articles (or Art. / Arts for short) in this Country Profile refers to Articles of the 1993 Hague Intercountry Adoption Convention. 2 Please verify whether the contact details on the Hague Conference website < >under Intercountry Adoption Section then Central Authorities are uptodate. If not, please the updated contact information to < >. Churchillplein 6b, 2517 JW The Hague - La Haye The Netherlands - Pays-Bas +31 (70) (70) Asia Pacific Regional Office - Bureau régional Asie-Pacifique S.A.R. of Hong Kong - R.A.S. de Hong Kong Latin American Regional Office - Bureau régional Amérique latine Buenos Aires Argentina Argentine +54 (11)
2 2 PART II: RELEVANT LEGISLATION 2. The 1993 Hague Intercountry Adoption Convention and domestic legislation a) When did the 1993 Hague Intercountry Adoption Convention enter into force in your State? 01/10/2003 This information is available on the Status Table for the 1993 Hague Intercountry Adoption Convention (accessible via the Intercountry Adoption Section of the Hague Conference website< >). b) Please identify the legislation / regulations / procedural rules which implement or assist with the effective operation of the 1993 Convention in your State. Please also provide the date of their entry into force. Please remember to indicate how the legislation / regulations / rules may be accessed: e.g., provide a link to a website or attach a copy. Where applicable, please also provide a translation into English or French if possible. - The Juvenline Justice (Care & Protection of Children) Act,2000 (as amended in 2006). - The Juveline Justice Rules notified by the State Government under Section 68 of the said Act (Legislation) - Guidelines Governing the Adoption of Children (2011), notified by Central Government under Sub-section 3 of Section 41 of the Juveline Justice (Care & Protection of Children) Act, Other international agreements on intercountry adoption 3 Is your State party to any other international (cross-border) agreements concerning intercountry adoption? See Art. 39. Yes: Regional agreements (please specify): Bilateral agreements (please specify): n-binding memoranda of understanding (please specify): Other (please specify): PART III: THE ROLE OF AUTHORITIES AND BODIES 4. Central Authority(ies) Please briefly describe the functions of the Central Authority(ies) designated under the 1993 Convention in your State. See Arts 6-9 and Arts if accredited bodies are not used. - The Central Adoption Resource Authority (CARA), an Autonomous Body of Government of India under the aegis of Ministry of Women & Child Development, Government of India has been designated on 17/07/2003 as the Central Authority of India under art.6(i) of the Convention. - CARA performsfunctions as stipulated under 3 See Art. 39(2) which states: Any Contracting State may enter into agreements with one or more other Contracting States, with a view to improving the application of the Convention in their mutual relations. These agreements may derogate only from the provisions of Articles 14 to 16 and 18 to 21. The States which have concluded such an agreement shall transmit a copy to the depositary of the Convention (emphasis added).
3 3 Article 6-9. As far as, functions stipulated under Article 14-21, certain functions have been delegated to adoption agencies and other authorities. 5. Public and competent authorities Please briefly describe the role of any public and / or competent authorities, including courts, in the intercountry adoption procedure in your State. See Arts 4, 5, 8, 9, 12, 22, 23 and 30. Article 4 : Child Welfare Committee (CWC), a quasi judicial body located at district level is the responsible body for the purpose. Article 5 : t applicable as India is basically a sending country. Article 8 : Various institutions set-up under the State Government are engaged in inspection and monitoring and for compliance of rules and guidelines. The central authority i.e. CARA also conducts inspections of adoption agencies with the assistance of concerend State Goverments Department. Article 9 : Competent authorities include CARA, State Adoption Resource Agency, District Child Protection Unit and Specialised Adoptin Agency. Article 12 : CARA is the competent authority for this purpose. Article 22 : CARA is the Central Authority for the purpose of Adoption as declared by Government of India in the year Article 23 : CARA issues conformity certificate in cases of finalised adoptions as stipulated under the Article. Article 30 : Recognised Adoptiion Agencies, Child Welfare Committees preserve information related to origin of children. As far as, access to such information by older children are concerned, such procedure has been defined under Guidelines Governing the Adoption of Children National accredited bodies 4 a) Has your State accredited its own adoption bodies? Yes go to Question 7 See Arts N.B. the name(s) and address(es) of any national accredited bodies should be communicated by your State to the 4 National accredited bodies in this Country Profile means adoption bodies based within your State (State of origin) which have been accredited under the 1993 Convention by the competent authorities in your State. See further Guide to Good Practice 2 on Accreditation and Adoption Accredited Bodies (hereinafter GGP 2 ), available on the Intercountry Adoption Section of the Hague Conference website < > at Chapters 3.1 et seq.
4 4 Permanent Bureau of the Hague Conference (see Art. 13). 5 b) Please indicate the number of national accredited bodies in your State, including whether this number is limited and, if so, on what basis. 6 Right now its number is 71 and such body is called Recognised Indian Placement Agency(RIPA). The number of accredited bodies would be increased to 411 soon as all adoption agencies recognised by State Governments would be eligible to place children in in-country and inter-country adoption as proposed in the new adoption guidleines in the process of notification. c) Please briefly describe the role of national accredited bodies in your State. 6.1 The accreditation procedure (Arts 10-11) To place children in in-country as well as intercountry adoption and follow all procedural safeguards as stiupulated in the 'Guidleines Governing the Adoption of Children-2011'. a) Which authority / body is responsible for the accreditation of national adoption bodies in your State? b) Please briefly describe the procedurefor granting accreditation and the most important accreditation criteria. Central Adoption Resource Authority(CARA) Para 62 of the Guidelines Criteria for Recognition as Recognised Indian Placement Agency(RIPA). - (1) For being recognized by CARA as RIPA, a Specialised Adoption Agency shall fulfill the following conditions, namely: - (i) it shall have a valid recognition as a Specialised Adoption Agency under subsection (4) of section 41 of the Juvenile Justice Act 2000 by the Government; (ii) it shall be recommended by the concerned Government; 33 (iii) its performance as a Specialised Adoption Agency should be satisfactory and there should be no instance of malpractice by the agency or any of its Executive Members and (iv) there should not be any adverse findings by the inspection team which has conducted the last inspection of the Specialised Adoption Agency immediately proceeding its recommendation as RIPA. (2) While applying to CARA for recognition as a RIPA, the agency shall submit the following documents, namely: - (i) adoption figures for the last five years; (ii) annual reports and audited statements of accounts for last three years; (iii) undertaking that they agree to abide by the provisions of these Guidelines as also any instructions issued by CARA, State Government and SARA, from time to time; (iv) undertaking that there is no instance of malpractice against the agency; and (v) undertaking that they are regularly updating data on the online portal of CARA. 5 See GGP 2, ibid., Chapter (para. 111). 6 See GGP 2, supra, note 4, Chapter 3.4.
5 5 (3) The RIPAs shall either at the time of recognition, or if already recognised, then upon the commencement of these Guidelines, furnish a written undertaking to CARA to comply with the requirements and obligations set out in these Guidelines. (4) The Specialised Adoption Agency shall be inspected by CARA either independently or jointly with the SARA and the State Government to ascertain the capacity of the agency to undertake inter-country adoption work before granting recognition as RIPA. c) For how long is accreditation granted in your State? d) Please briefly describe the criteria and the procedure used to determine whether the accreditation of a national adoption body will be renewed. It is on permanent basis now. However, it is proposed to consider such recognition for five years at a time as proposed in the new adoption guidelines. Right now, there is no proposal for renewal of accredited body.pl see note at para c) above. 6.2 Monitoring of national accredited bodies 7 a) Which authority is competent to monitor / supervise national accredited bodies in your State? Central Adoption Resource Authority(CARA) Concerned Provincial Government See Art. 11 c). 7 See GGP 2, supra, note 4, Chapter 7.4.
6 6 b) Please briefly describe how national accredited bodies are monitored / supervised in your State (e.g., if inspections are undertaken, how frequently). c) Please briefly describe the circumstances in which the accreditation of bodies can be revoked (i.e., withdrawn). Agencies are monitored through online CARINGS(Child Adoption Resource Information & Guidance System), whether they are feeding data in a timely manner and not delaying the process of rehabilitation of children. Further, exisiting Guidleine stipulates annual inspection of accredited body. The recognition of an accredited body can be suspended on the basis of the following: (1) The State Government may, suo moto or on the recommendation of CARA or State Adoption Resource Agency(SARA) either suspend or revoke the recognition granted to Specialised Adoption Agency. (2)(i) any violation of the provisions of the Guidelines; (ii) non-compliance of instructions issued from time to time by CARA or the State Government; (iii) furnishing false information or forged documents (iv) failure to update on-line data as stipulated by CARA or furnishing or posting of false information on the online adoption portal of CARA; (v) failure to submit timely reports or data as stipulated under these Guidelines; (vi) adverse findings of the inspection team vis-à-vis quality child care and adequate infrastructure; (vii) if professional social worker and qualified child care staff is not employed; (viii) financial irregularities or malpractices; (ix) receiving any donation whether in kind or cash from prospective adoptive parents or adoptive parents; (x) unethical practices which would also include inducing single mothers or biological parents to relinquish their child or illegally sourcing the child; (xi) incomplete or false information to PAPs about the child or any adoption related process; (xii) divulging information on biological mother or parents or adopted child to public in violation of principle of confidentiality; and (xiii) misuse of Child Care Corpus in contravention of Guidelines issued for utilization of the fund. (3) After suspension of recognition of a Specialised Adoption Agency, the State Government and the SARA shall conduct necessary enquiries within a maximum period of six months, and if charges are proven, the State Government shall revoke the recognition of the Specialised Adoption Agency. Provided that no order of suspension or revocation of the recognition shall be passed without giving the Specialised Adoption Agency a reasonable opportunity to offer its explanation. (4) In case of revocation of recognition of a Specialised Adoption Agency, the State Government shall, within thirty days, prepare an alternate rehabilitation plan for
7 7 d) If national accredited bodies do not comply with the 1993 Convention, is it possible for sanctions to beapplied? the children in that home, including shifting them to another Specialised Adoption Agency. (5) In the event of suspension or revocation of recognition of the Specialised Adoption Agency, the cases where referrals have been accepted by the PAPs, shall be allowed to proceed for final adoption provided that all other stipulations of these Guidelines have been met. (6) Once revocation of recognition of a Specialised Adoption Agency is done on account of serious allegations or malpractices, the agency shall not be allowed to function again even if there is a change of its management. (7)failure to abide by the stipulated ratio of 80:20 for in-country vis-à-vis intercountry adoption; (8) receiving any donation or grant whether in kind or cash from any of the CARA authorized foreign adoption agency and foreign prospective adoptive parents. Yes, please specify possible sanctions (e.g., fine, withdrawal of accreditation): Suspension or withdrawl of recognition. 7. Authorised foreign accredited bodies 8 (Art. 12) a) Has your State authorised any foreign accredited adoption bodies to work with, or in, your State? Yes go to Question 8 N.B. the name(s) and address(es) of any authorised foreign accredited bodies should be communicated by your State to the Permanent Bureau of the Hague Conference. b) Please indicate the number of foreign accredited bodies authorised to work with, or in, your State.If this number is limited in any way, please indicate on what basis your State limits the number. 9 c) Please briefly describe the role of authorised foreign accredited bodies in your State. d) Are there any requirements concerning the way foreign accredited bodies must operate in your State? Please tick any which apply. 80 in 22 countries The foreign accredited bodies sponsor applications of prospective adoptive parents to adopt from India. Yes: The foreign accredited body must establish an office in your State with a representative and professional staff (from the receiving State or from your State please specify): OR The foreign accredited body must work 8 Authorised foreign accredited bodies are adoption bodies based in another Contracting State to the 1993 Convention (usually a receiving State) which your State has authorised, under Art. 12, to work with, or in, your State on intercountry adoption. See further GGP 2,supra, note 4, Chapter See GGP 2, supra, note 4, Chapter 4.4 on limiting the number of accredited bodies authorised to act in States of origin.
8 8 with your State through a representative, acting as an intermediary, but an office is not required: Yes OR The foreign accredited body must be in direct contact with the Central Authority but need not have an office or a representative in your State: Yes OR Other (please specify):
9 9 7.1 The authorisation procedure a) Which authority / body in your State is responsible for the authorisation of foreign accredited bodies? b) Please briefly describe the procedurefor granting authorisation and the most important authorisation criteria. 10 If your State does not have authorisation criteria, please explain on what basis decisions concerning authorisation are made. Central Adoption Resource Authority (CARA) (Para 72 of the Guidelines). Foreign Agencies to apply to CARA for Authorization as AFAA. - (1)A foreign accredited agency desirous of sponsoring applications of foreign adoptive parents for adopting an Indian child shall make an application to CARA for authorization through its Central Authority or Competent Authority. (2) The application under subparagraph (1) shall be forwarded to CARA through the Office of the Indian Diplomatic Mission in the concerned country. (Para 73 of the Guidelines). Criteria and Procedure for Authorization of Foreign Agencies. - (1) The criteria for authorization of foreign agencies by CARA for the purpose of intercountry adoption shall be as under:- (i) it shall be an Agency duly registered under the relevant law of the concerned country and should have recognition, license or certification to mediate inter-country adoptions with India; (ii) it must have been duly accredited by the Competent Authority under the Hague Convention on Intercountry Adoptions, 1993; (iii) it shall be a child welfare agency run on a noncommercial and non-profit basis with an established standing in the field and it must be staffed with qualified social workers who have experience in the field of adoption. (2) The agency shall submit the following documents to the CARA for grant of authorization, namely:- (i) memorandum or bye-laws, copies of Registration status, latest license issued by the concerned Government department to undertake international adoptions, list of Board or Executive Members, list of countries it is working with, accreditation certificate and its annual reports or financial statements for last two years; (ii) an undertaking signed by the Head or Chief Executive of the Organisation stating that the agency would abide by all the provisions of these Guidelines;(iii) an undertaking by the agency that in case of disruption or repatriation of the child or children, it shall abide by the specific provisions laid down in these Guidelines; (iv) copy of adoption law or adoption guidelines or adoption rules of their country upon grant of Authorisation; (v) an undertaking by the agency to send an Annual Report to CARA in the month of April every year on the status of children placed in adoption from 10 In relation to authorisation criteria, please see GGP 2, supra, note 4, Chapters and
10 10 India; (vi) a list of staff along with recommendation from its central authority or competent authority; and (vii) recommendation letter from Indian diplomatic mission abroad. (3) The authorised foreign adoption agency( AFAA) shall either at the time of authorisation, or if already authorised, then upon this revised Guidelines coming into force, furnish a written undertaking to CARA to comply with the requirements and obligations set out in these Guidelines. c) For how long is authorisation granted? At present, it is on permanent basis d) Please briefly describe the criteria and procedure used to determine whether authorisation will be renewed. t applicable 7.2 Monitoring of authorised foreign accredited bodies a) Does your State monitor / supervise the activities of authorised foreign accredited bodies? 11 Yes go to Question 8 b) Which authority is competent to monitor / supervise the activities of authorised foreign accredited bodies? c) Please briefly describe how the activities of authorised foreign accredited bodies are monitored / supervised in your State (e.g., if inspections are undertaken, how frequently). d) Please briefly describe the circumstances in which the authorisation of foreign accredited bodies can be revoked (i.e., withdrawn). e) If authorisedforeign accredited bodies do not comply with the 1993 Convention, is it possible for sanctions to beapplied? Central Authority or Government Department of the particular country All foreign authorised agencies are mandated to follow various stipulations of the Adoption Guidelines in relation to preparing the PAPs and sending postadoption followup reports etc. Para 75 of the Guidelines Revocation of Authorisation. - (1) The grounds on which the authorization of Authorised Foreign Adoption Agency(AFAA ) can be revoked are as follows, namely:- (i) If the agency violates or fails to abide by the provisions of these Guidelines; (ii) If the license or recognition or accreditation of the agency is suspended or revoked by the appropriate authority of that country; (iii) If the agency fails to post online data regarding post-adoption follow-up as instructed by CARA from to time; (iv) If the agency fails to submit the annual report as stipulated under the Guidelines or any other information called for by CARA, from time to time; (v) If the agency has not shown any progress in its adoption programme with India for three years. Provided that no order of revocation of Authorisation shall be passed without giving an opportunity to the agency to offer its explanation. Yes, please specify possible sanctions (e.g., fine, withdrawal of authorisation): Suspension or withdrawal of Authorisation 11 See GGP 2, supra, note 4, Chapter 7.4 and, in particular, para. 290.
11 11 8. Approved (non-accredited) persons (Art. 22(2)) 12 a) Is the involvement of approved (nonaccredited) persons from your State permitted in intercountry adoption procedures in your State? N.B. see Art. 22(2) and check whether your State has made a declaration according to this provision. You can verify this on the Status Table for the 1993 Convention, available on the Intercountry Adoption Section of the Hague Conference website. If your State has made a declaration according to Art. 22(2), the Permanent Bureau of the Hague Conference should be informed of the names and addresses of these bodies and persons (Art. 22(3)). 13 b) Is the involvement of approved (nonaccredited) personsfrom other Contracting States permitted in intercountry adoption proceduresin your State? N.B. see Art. 22(4)and check whether your State has made a declaration according to this provision. You can verify this on the Status Table for the 1993 Convention, available on the Intercountry Adoption Section of the Hague Conference website. Yes, our State has made a declaration according to Article 22(2). Please specify the role of these approved (non-accredited) persons in your State: Individual social workers, one in case of Middle East, one in Singapore and one in case of Ethiopia have been permitted to conduct and forward home study reports of the PAPs and send post-adoption followups in cases of intercountry adoptions. These are non-hague countries and this is due to presence of large Indian population in those countries Yes. Please specify the role of these approved (non-accredited) persons in your State: As stated above, only in three cases, involvement of approved pesons has been approved., our State has made a declaration according to Article 22(4). PART IV: THE CHILDREN PROPOSED FOR INTERCOUNTRY ADOPTION 9. The profile of children in need of intercountry adoption Please briefly describethe general profile of the children usually in need of intercountry adoption in your State (e.g., age, sex, state of health). rmal male and female older children (above 5 years) and mentally and physically challenged children. 10. The adoptability of a child (Art. 4 a)) a) Which authority is responsible for establishing that a child is adoptable? b) Which criteria are applied to determine whether a child is adoptable? c) Please briefly describe the procedures used in your State to determine whether a child is adoptable (e.g., search for the child s birth family). N.B. the issue of consent is dealt with at Question 12 below. Child Welfare Committee (CWC) CWC declares a child legally free for adoption based on procedure as defined in the Juvenile Justice Rules. For surrendered children, there is two months reconsideration period after which CWC declares the child adoptable if the biological mother or parents do not wish to take back the child. In cases of abandoned child, restoration efforts are made through enquiry and newspaper advertisements are given in the media and if there is no claiment for the child, the CWC 12 See GGP 2, supra, note 4, Chapter See GGP 2, supra, note 4, Chapter
12 12 declares the child as adoptable. 11. The best interests of the child and subsidiarity (Art. 4 b)) a) Please briefly describe how your State ensures that the principle of subsidiarity is respected when undertaking intercountry adoptions (e.g., throughthe provision of family support services, the promotion of family reunification anddomestic alternative care solutions). b) Which authority determines, after consideration of the subsidiarity principle, that an intercountry adoption is in a child s best interests? c) Please briefly explain how that decision is reached (e.g., whether there are specific legal criteria which are applied) and at what stage of the intercountry adoption procedure. Every effort is made for a child not to be seperated from his or her biological family. Under Integrated Child Protection Scheme (ICPS), funds are available for sponsorship which helps for family reunification and for their temporary institutional care. Further, priority to domestic adoption has been stipulated by imposing 80:20 principle which means adoption agencies have to place at least 80 percent of the children in domestic adoption which will not include the category of children having special needs. Adoption Recommendation Committee constituted at the state level. Before referral of a particular case, the adoption agency itself makes efforts for domestic adoption in ratio of 80:20 for all normal children. While considering referral, priority is given to Indian origin parents. The entire dossier containing profile of the child as well as that of the prospective adoptive parents is submited for recommendation by the state authority. 12. Counsellingand consents (Art. 4 c) and d)) a) According to your State s domestic legislation, please explain which person, institution or authority has to consent to the adoption of a child in the following scenarios where: (i) Both parents are known; (ii) One parent is unknown or deceased; (iii) Both parents are unknown or deceased; (iv) One or both parents have been deprived of his / her / their parental responsibilities (i.e., the rights and responsibilities which attach to being a parent). In each case, please remember to specify in which circumstances a father will have to consent to his child s adoption. Please also specify whether your answer would be different if any of the known parents had not yet reached the age of majority. b) Please describe the procedure for: (i) counselling and informing the birth parents / family regarding the (i) The known parents & Child Welfare Commitee (ii) Child Welfare Committee (iii) Child Welfare Committee (iv) Incase any of the known parents has not yet reached the age of majority, in such case the consent of his or her natural or legal guaidian would be necessary. (v) (vi) (i) The adoption agency which is having the care & interrim custody of the child as well as the concerened Child Welfare Committee are required to counsel &
13 13 consequences of a domestic / intercountry adoption; and (ii) obtaining their consent(s) to an adoption. 14 c) Does your State use the model form Statement of consent to the adoption developed by the Permanent Bureau of the Hague Conference? The model form is available on the Intercountry Adoption section of the Hague Conference website. inform the birth parents/ family regarding ( wherever known) regarding the consequences of a domestic / inter country ad option. (ii) When the surrender of the child is inevitable, despite counselling the consent of the birth parent(s)/ family is obtained in the form of a "surrender deed" executed before the concerned Child welfare Committee. Yes please provide (or link to) any form(s) which your State uses for this purpose: The form used for obtaining the consent is prescribed in Schedule- III of the said guidelines. The same can be acessed from d) Having regard to the age and degree of maturity of a child, please briefly describe how your State ensures that consideration is given to the child s wishes and opinions when determining whether an intercountry adoption should proceed. As per the provision of section 41(5)(c) of the Juvenile Justice Act, there shall be no placement of a child without his consent in the case of a child who can understand and express his consent. See Art. 4 d) 2). e) Please briefly describe the circumstances in which a child s consent to an intercountry adoption is required in your State. Where the child s consent is required, please describe the procedure which is used to ensure that the child has been counselled and duly informed of the effects of the adoption. The national accredited bodies called Recognised Indian Placement Agencies(RIPAs) counsel and prerpare the older children before offering referrals for inter-country adoption. See Art. 4 d) 1). 13. Children with special needs a) In the context of intercountry adoption, please describe what is meant in your Stateby children with special needs. b) What, if any, procedures does your Stateuse to expedite the adoption of children with special needs? rmal children above 5 years; siblings ; & mentally and physically challenged chidlren Online matching facility is available for mentally and physically challenged children. The Adoption Recommendation Committee (ARC) of the concerned provinicial Government is also required to give its recommendation in favour of the adoption of such child within 05 days. 14 See also Part VIII below on Simple and Full Adoption and Art. 27 of the 1993 Convention.
14 The preparation of children for intercountry adoption Is there a special procedure in your State to prepare a child for an intercountry adoption? Yes, please provide details (e.g., the stage at which the preparation is undertaken, which persons / bodies are responsible for preparing the child and the methods used): Adoption agencies have been circulated with booklets on preparing children for special needs. 15. The nationality of children who are adopted intercountry 15 Are children who are nationals of your State and who are adopted intercountry permitted to retain their nationality? Yes,always It depends please specify which factors are taken into consideration (e.g., the nationality of the foreign resident prospective adoptive parents ( PAPs ), whether the child acquires the nationality of the receiving State): The Indian children adopted by Indian nationals living abroad are permitted to retain Indian nationality. The Indian children adopted by foreigners ultimately acquire the citizenship of the prospective adoptive parents., the child will never retain this nationality PART V: PROSPECTIVE ADOPTIVE PARENTS ( PAPs ) 16. Limits on the acceptance offiles Does your State place any limit on the number of PAPs files which are accepted from receiving States? 16 Yes, please specify the limit applied and the basis on which it is determined: 17. Eligibility criteria for PAPswishing to undertake an intercountry adoption in your State 17 a) Do PAPswishing to undertake an intercountry adoption in your State have to fulfil any criteria concerning their relationship status(es)? Please tick any / all boxes which apply and indicate in the space provided whether any further conditions are imposed (e.g., duration of marriage / partnership / relationship, cohabitation). Yes, the following person(s) may apply in our State for an intercountry adoption: Married, heterosexual couples: Married, same-sex couples: Heterosexual couples in a legally registered partnership: Same-sex couples in a legally registered partnership: 15 Regarding nationality, see further the Guide to Good Practice 1 on the implementation and operation of the 1993 Hague Intercountry Adoption Convention (hereinafter, GGP 1 ), available on the Intercountry Adoption Section of the Hague Conference website <www.hcch.net>, at Chapter See GGP 2, supra, note 4, Chapter and, in particular, para I.e., this section refers to the eligibility criteria for PAPs who are habitually resident in another Contracting State to the 1993 Convention and who wish to adopt a child who is habitually resident in your State: see further Art. 2 of the 1993 Convention.
15 15 Heterosexual couples that have not legally formalised their relationship: Same-sex couples that have not legally formalised their relationship: Single men: Single women: Other (please specify): (1) child may be given in adoption to a couple unless they have at least two years of stable marital relationship; (2) Couples in livein relationship are not eligible to adopt a child; (3)An unmarried or single male person is not permitted to adopt a girl child., there are no relationship status criteria for PAPs. b) Are there any age requirements for PAPs wishing to undertake an intercountry adoption in your State? c) Are there any other eligibility criteria which PAPs wishing to undertake an intercountry adoption in your State must fulfil? Yes, please specify: Minimum age requirements: 30 Maximum age requirements: 55 Difference in years required between the PAPs and the child: Other (please specify): (1) To adopt a child in the age group of 0-3 years, the maximum composite age of the PAPs should be 90 years wherein the individual age of the PAPs should not be less than 25 years and not more than 50 years; (2) To adopt children above three years of age, the maximum composite age of the PAPs should be 105 years wherein the individual age of the PAPs should not be less than 25 years and more than 55 years; (3) In case a single PAP desires to adopt, he or she should not be less than 30 years of age and shall not be above the age of 50 years. The maximum age shall be 45 years to adopt children in the age group of 0-3 years and 50 years for adopting children above 3 years. Yes: Additional / differing criteria must be met for PAPs wishing to adopt a child with special needs (please specify): Couples must supply evidence of infertility: For persons with children already (biological or adopted), there are additional criteria (please specify): Other (please specify): (1) The PAPs should have adequate financial resources to provide a good upbringing to the child; (2) The PAPs
16 16 should have good health and should not be suffering from any contagious or terminal disease or any such mental or physical condition, which may prevent them from taking care of the child; (3) Adoption of a second child is permissible only when the legal adoption of the first child has been finalized but this is not applicable in case of siblings. 18. Preparation and counselling of PAPs (Art. 5 b)) Does your State require that PAPs wishing to undertake an intercountry adoption in your State receive preparation and / or counselling concerning intercountry adoptionin the receiving State? Yes, please explain what kind of preparation is expected: The PAPs are required to be counselled by the concerned Social Worker in the receiving State before the completion of Home study Report (HSR) in order to ascertain their motivation and preparedness for adopting an unrelated child or a child from a different socio-cultural background or an older child or a mentally or physically challenged child. PART VI: THE INTERCOUNTRY ADOPTION PROCEDURE 19. Applications a) To which authority / body in your State does the adoption file of PAPs have to be submitted? b) Please indicate which documents must be submitted with an application: Please tick all which apply. Central Adoption Resource Authority An application form for adoption completed by the PAPs A statement of approval to adopt issued by a competent authority in the receiving State A report on the PAPs including the home study and other personal assessments (see Art. 15) Copies of the PAPs passports or other personal identification documents Copies of the PAPs birth certificates Copies of the birth certificates of any children living with the PAPs Copies of marriage, divorce or death certificates, as applicable (please specifyin which circumstances): Information concerning the health of the PAPs (please specify in which circumstances and what type of information is required):the PAPs should not have any permanent illness or terminal disease. Evidence of the financial circumstances of the family (please specify in which circumstances and what type of
17 17 information is required): It is part of the home study report. The report should come out with facts that the PAPs have adequate resources to take care of the child. Information concerning the employment status of the PAPs (please specify in which circumstances and what type of information is required): Proof of no criminal record Other(s): please explain Recent photographs of PAPs; Three reference letters from acquaintances/relatives regarding suitability of PAPs; Adoption decree of previously adopted child (ren) if any from India (whereever applicable); Undertaking of a relative in case of single parent; Consent of the older child of the PAPs (wherever applicable); Undertaking from the Authorized Foreign Accredited Body for post adoption follow up and arranging alternative care in case of disruption and ensuring citizenship. c) Is it compulsory in your State for an accredited body to be involved in an intercountry adoption procedure? 18 d) Are any additional documents required if PAPs apply through an accredited body? Please tick all which apply. Yes, please specify whether it must be a national accredited body, a foreign authorised accredited body or whether it may be either of these accredited bodies. 19 Please also specify at which stage(s) of the procedure an accredited body must be involved (e.g., for the preparation of the home study, for the submission of the adoption file to your State, for all stages of the procedure): The involvement of the Authorized Foreign Accredited Body (AFAA) as well as National Accredited Body (RIPA) in an inter country adoption procedure is compulsory. Yes A power of attorney issued by the PAPs to the accredited body (i.e.,a writtendocument provided by the PAPs to the accredited body in which the PAPs formally appoint the accredited body to act on their behalf in relation to the intercountry adoption): A contract signed by the accredited body and the PAPs: A document issued by a competent authority of the receiving State certifying that the accredited body may undertake intercountry adoptions: Other (please specify): Available in the website (Pl go to 18 See GGP 1, supra, note 15, paras and 8.6.6: independent and private adoptions are not consistent with the system of safeguards established under the 1993 Convention. 19 See the definitions provided at notes 4 and 8 above.
18 18 Annexure: Schedule 10) e) Please specify the language(s) in which any documents must be submitted: f) Do any of the required documents need to be legalised or apostillised? g) Is your State party to the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (the Hague Apostille Convention)? English Yes, please specify which documents: The documents of PAPs originating from Public Authorities in the receiving States are required to be apostled. go to Question 20 Yes, please specify the date of the entry into force of the Hague Apostille Convention in your State: 14/07/2005 This information is available on the Status Table for the Hague Apostille Convention (see the Apostille Sectionof the Hague Conference website). 20. The report on the child (Art. 16(1) a)) a) Who is responsible for preparing the report on the child? b) Is a standard form used for the report on the child? c) Does your State use the Model Form Medical Report on the Child and the Supplement to the general medical report on the child? National Accredited Body (RIPA) Yes, please provide a link to the form or attach a copy: Please indicate whether your State has any requirements concerning the information which should be included in the report on the child and / or the documentation which should be attached to it: Yes See GGP 1 Annex 7, available here. 21. The report on the PAPs (Art. 15(2)) a) For how long is the report on the PAPs valid in your State? 2 years
19 19 b) Once a report on PAPs is no longer valid, please indicate what steps must be taken to renew it. E.g., does an updated report have to be submitted or is an entirely new report required? In either case, what is the procedure? The home study report(hsr) is required to be updated 22. Matching of the child and the PAPs (Art. 16(1) d) and (2)) 22.1 The authorities and the matching procedure a) Who is responsible for the matching of the child and the PAPs in your State? b) What measures are taken to ensure that the matching process is performed by an independent, duly qualified authority? c) What methodology is used for the matching in your State? d) Is any preference given to PAPs who have a close connection with your State (e.g., nationalsof your State who have emigrated to a receiving State)? e) Who is responsible for notifying the receiving State of the matching? f) How does your State ensure that the prohibition on contact in Article 29 is respected? National Accredited Body (RIPA) Matching decided by the adoption committee comprising of experts options of the PAPs and their suitability Yes, please specify: Indian passport holder and Overseas citizen of India National Accredited Body (RIPA) PAPs are prohibited from contacting directly with National Accredited Body (RIPA) 22.2 Acceptance of the match a) Does your State require that the matching be approved by the relevant authorities / bodies of the receiving State? b) How much time is the receiving State given to decide whether to accept a match? c) If the relevant authorities / bodies of the receiving State and / or the PAPs refuse the match, what, if any, are the consequences in your State? Yes, please provide details of the required procedure: Yes. CARA receives Certificate under Article 5 or 17 from the receiving country. 45 days at present Adoption doesn t proceed 22.3 Information following acceptance of the match Once the match has been accepted, do PAPs receive information regularly concerning the child and his / her development (i.e., during the remainder of the intercountry adoption procedure and prior to entrustment)? Yes, please specify who is responsible for providing this information: National Accredited Body (RIPA)
20 Agreement under Article 17 c) a) Which competent authority / body agrees that the adoption may proceed in accordance with Article 17 c)? b) At what point in the adoption procedure is thearticle 17 c) agreement given in your State? CARA Our State sends the Article 17 c) agreement to the receiving State with the proposed match; OR The receiving State must accept the match first and then our State will provide its Article 17 c) agreement;or Other (please specify): 24. Travel of the PAPs to your State 20 a) In order to undertake an intercountry adoption in your State, is it mandatory for PAPs to travel to your State at any point? b) Does your State permit an escort to be used to take the child to the adoptive parents in the receiving State in any circumstances? Yes, in which case please specify: - At what stage(s) in the intercountry adoption procedure the PAPs must travel to your State: After adoption order issued by the competent court - How many trips are required to complete the intercountry adoption procedure: 1 - How long the PAPs need to stay for each trip: maximum 15 days - Any other conditions: Yes, please specify in which circumstances: 25. Entrustment of the child to the PAPs (Art. 17) After the procedures in Article 17 have been completed, what is the procedure for the physical entrustment of the child to the PAPs? PAP has to come personally Please include an explanation of the procedures used to prepare the child for entrustment (e.g., counselling, visits with the PAPs, being in the temporary care of the PAPs for increasing periods). 26. Transfer of the child to the receiving State (Arts 5 c) and 18) a) Which documents does your State require in order for the child to be permitted to leave your State and travel to the receiving State (e.g., passport, visa, exit permit)? passport, visa and exit permit (in case of the child traveling on the passport of receiving country) 20 See GGP 1, supra, note 15, Chapter