Adoption Process3-orphan or abandoned child

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(1)        The provisions relating to the process of declaring an orphan or abandoned child, as legally free for adoption are laid down in sections 32, 33, 39 and 41 of the Act as well as under the relevant provisions of the rules made thereunder.

(2)       In case an abandoned child is received by a specialised adoption agency directly without the involvement of Child Welfare Committee, such a child shall be produced before the Child Welfare Committee within twenty four hours (excluding the time necessary for the journey) along with a report containing the particulars and photograph  of the child as well as  the circumstances in which the child was received and a copy of such report shall also be submitted by the specialised adoption agency to the local police station within same period.

(3)       The Child Welfare Committee shall issue an order for the interim care of the child, pending inquiry as per the relevant provisions of the Act and the rules made thereunder.

(4)     On admission of the child, his details and photograph shall be entered online in the Child Adoption Resource Information and Guidance System in the prescribed format by the specialised adoption agency within seventy two hours of receiving the child, provided that the permission of Child Welfare Committee is obtained for the same and the photograph of the child shall be changed by the specialised adoption agency every six months in Child Adoption Resource Information and Guidance System.

(5)     For tracing out the biological parents or the legal guardian(s), the District Child Protection Unit shall advertise the particulars and photograph of an abandoned child in a State level newspaper with wide circulation within seventy two hours from the time of receiving the child.

(6)     In case of transferred child from other States, advertisement should be released in the place where the child was initially found.

(7)     Wherever, District Child Protection Unit is not functional, the concerned District Magistrate shall get such advertisement issued.

(8)     The expenditure for the advertisement can be met from funds of Integrated Child Protection Scheme.

(9)     In case the biological parents or legal guardian cannot be traced, despite the efforts mentioned in sub-paragraphs (1) and (2), the District Child Protection Unit shall, accordingly, submit a report to the Child Welfare Committee within thirty days from the date of production of the child before the Child Welfare Committee.

(10)   The specialised adoption agency shall submit a report to the Child Welfare Committee immediately after thirty days from the date of production of the child before the Child Welfare Committee as to whether any person has approached it to claim the child and the report may also include any information revealed by the child during his interim care.

(11)   In case the report from the local police regarding the non-traceability of the biological parents or legal guardian is not submitted despite reminders by the specialised adoption agency or Child Welfare Committee, such report shall be deemed to have been given, after expiry of two months in the case of an abandoned child less than two years of age and after the expiry of four months in the case of an abandoned child above two years of age.

(12)   The Child Welfare Committee, after taking actions as per the provisions of the Act and the rules made thereunder, shall issue an order declaring the abandoned or orphan child as legally free for adoption in the format at Schedule- 1 on http://cara.nic.in and such order signed by any two members of the Child Welfare Committee shall be issued within a period of two months in case of a child upto two years of age and within four months for a child above two years of age, from the date of production of the child before the Child Welfare Committee.

(13)   The inquiry under section 33 of the Act and the order declaring an abandoned or orphan child as legally free for adoption by the Child Welfare Committee under sub-section 4 of  section 41 of the Act shall be completed in the district where the child was initially found.

(14)   The child study report and medical examination report of an orphan or abandoned child shall be prepared in the format atSchedule 2 and 3 respectively on http://cara.nic.in and posted in the Child Adoption Resource Information and Guidance System by the specialised adoption agency within ten days from the date the child is declared legally free for adoption.

(15)   The child study report and medical examination report shall be made available in English (apart from the local language).

(16)   The District Child Protection Unit shall facilitate the specialised adoption agency in uploading the child study report and medical examination report in Child Adoption Resource Information and Guidance System, in case the specialised adoption agency is facing any technical difficulty.

(17)   The procedure for declaring a child of parents with mental disability as legally free for adoption by the Child Welfare Committee shall be on the basis of a report of the medical board constituted by the District Magistrate.

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Disclaimer: Please cross-check all information given with a lawyer experienced with adoption matters and with your agency, since adoption laws, guidelines and procedures change periodically. It is also useful to get in touch with a parent who has recently adopted from that particular state or agency. Information provided above source http://cara.nic.in/ 

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