Adoption process – 4- surrendered child

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

(2)       The details of the child along with his photograph shall be entered online in the Child Adoption Resource Information and Guidance System by the specialised adoption agency within seventy two hours from the time of receiving the child.

(3)       The following information shall be submitted by specialised adoption agency to the Child Welfare Committee along with any other information specific to the case. –

(a)       the name of the child, date of birth or age and place of birth along with birth record or certificate, if available;

(b)       the names, address and identity proof of the biological parents or accompanying adult, if the surrendering parent is a minor;

(c)       details of close relatives of the biological parent(s), if available;

(d)       details of sibling(s), if any;

(e)       known medical history of the child and biological parent(s);

(f)        circumstances of the child which may include reasons for surrender  and social background.

(4)       To discourage surrender by biological parents, efforts shall be made by the specialised adoption agency or the Child Welfare Committee for exploring the possibility of parents retaining the child, which shall include counselling and encouraging them to retain the child and explaining that the process of surrender is irrevocable.

(5)       The specialised adoption agency and the Child Welfare Committee shall ensure that the surrendering parents or the legal guardian is made aware that they can reclaim the surrendered child only within a period of sixty days from the date of surrender.

(6)       If the surrender is inevitable, a deed of surrender, as provided shall be executed in the presence of any two members of the Child Welfare Committee: Provided that if the surrendering parent is an unmarried mother, the deed may be executed in the presence of any single member, preferably female member of the Child Welfare Committee;

(7)       If a child born to a married couple is to be surrendered, both parents shall sign the deed of surrender and in case one of them is dead, proof of death is required to be furnished.

(8)       If a child born to a married couple is to be surrendered by one biological parent and the whereabouts of the other parent are not known, the child shall be treated as abandoned and further procedures in accordance with paragraph 6 shall be followed.

(9)       In case of a child born out of wedlock, only the mother can surrender the child and if the mother is a minor, the deed of surrender shall be signed by an accompanying adult as witness.

(10)     If the surrender is by a person other than the biological parents, the child shall be treated as abandoned and further procedures in accordance with paragraph 6 shall be followed.

(11)     The specialised adoption agency and the Child Welfare Committee shall ensure that a copy of the deed of surrender is given to the surrendering parents or person.

(12)     Due regard shall be given to the privacy of the surrendering parents and the surrendered child by the authorities and agencies involved in the process.

(13)     In case the surrendering biological parent has not claimed back the child during the reconsideration period, the same shall be intimated by the specialised adoption agency to the Child Welfare Committee on completion of sixty days from the date of surrender.

(14)     No public notice or advertisement shall be issued in the case of a surrendered child.

(15)     The Child Welfare Committee shall issue an order signed by any two members declaring the surrendered child as legally free for adoption in the format at Schedule after the expiry of sixty days from the date of surrender.  The reconsideration period for the biological parents, is stipulated under sub-section (5) of section 41 of the Act and no further notice shall be issued to the surrendering parents.

(16)     The child study report and medical examination report of the surrendered child shall be prepared and posted in the Child Adoption Resource Information and Guidance System by the specialised adoption agency in the format at given within ten days from the date the child is declared legally free for adoption.

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

 

Availability of child for adoption. –

(1)       As soon as a child is declared legally free for adoption by the Child Welfare Committee, such child may be allowed to be given in adoption to a resident Indian or non-resident Indian parents:

Provided that such child shall be allowed to be given in inter-country adoption ―

(a)       after sixty days, if the child is below five years of age;

(b)       after  thirty days, if the child is above five years of age or is a sibling;

(c)       after fifteen days, if the child has any mental or physical disability.

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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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