Chetan and Neha, a NRI couple from Houston are trying hard to adopt a child from India after having failed to have one of their own in eight long years of marriage.
Chetan and Neha, a NRI couple from Houston are trying hard to adopt a child from India after having failed to have one of their own in eight long years of marriage. They started out by approaching agencies in India who promised to get the work done within a couple of months but even after two years things are yet to materialize. Adoption in India is a complicated affair being guided by old laws such as The Guardians and Wards Act, 1890 (GWA) and the Hindu Adoption and Maintenance Act, 1956 (HAMA). NRIs and PIOs desirous of adopting a suitable child from India come across tremendous amounts of regulatory road blocks and legal hassles since most are not aware of the exact documentation and procedure that is required for the job.
Common problems encountered
The most essential activity in the adoption process in India is to check out the eligibility criteria as stipulated by Central Adoption Resource Authority (CARA), Ministry of Women & Child Development, Government of India at their official website. Thereafter you can proceed to identify the child and the concerned child welfare or social agency in charge of the child. The agency has to be recognized by the state or central government in order to permit adoption by a NRI or PIO.
Step 1: Collect all required documentation to support adoption application.
Step 2: Approach a social or child welfare agency in country of present residence to sponsor your application.
Step 3: Forward the sponsorship authorization to the government recognized adoption agency in India.
Step 4: Apply to the Consular Wing of the Indian Embassy/High Commission/Commission/Consulate in country of present residence to get all relevant declarations and certificates attested.
Procedure at Indian Embassy: On being satisfied with the legal requirements having been met in your application the embassy or consulate will file an application in a suitable court of law in India where the chosen child resides.
Procedure at the Court: The court will verify the merit of each individual case and then permit an adoption deed by the NRI and there after grant ‘Guardianship Rights’ which is necessary for the child to emigrate with the NRI out of India.
Procedure after Grant of Guardianship Rights: After the issue of ‘Guardianship Rights’ you will have to apply for a passport for the child that needs to be submitted at the embassy/ consulate of the nation of present residence for visa formalities.
Documentation required for adoption from India
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