Adoption Process 5-PROCEDURE FOR RESIDENT INDIANS

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Registration and home study of the prospective adoptive parents. –

(1)       Every resident Indian prospective adoptive parents, who intends to adopt a child, shall register online in Child Adoption Resource Information and Guidance System by filling up the application form as provided in Schedule-5 By http://cara.nic.in/ and uploading the relevant documents.

(2)       The registration shall be complete and confirmed to the prospective adoptive parents immediately on receipt of the completed application form and required documents on Child Adoption Resource Information and Guidance System.

(3)       The prospective adoptive parents shall get their registration number from the acknowledgement slip and use it for viewing the progress of their case.

(4)       The home study report of the prospective adoptive parents shall be prepared by the specialised adoption agency in the State, where prospective adoptive parents are located, through its social worker or through a social worker from a panel maintained by the State Adoption Resource Agency or District Child Protection Unit, as the case may be.

(5)       The home study report shall be completed in the format given in Schedule – 6 by http://cara.nic.in/, within one month from the date of submission of requisite documents and shall be shared with the prospective adoptive parents immediately, thereafter.

(6)       The home study report shall be posted in the Child Adoption Resource Information and Guidance System by the specialised adoption agency or District Child Protection Unit or State Adoption Resource Agency as the case may be, as soon as it is complete.

(7)       The home study report will remain valid for two years and shall be the basis for adoption of a child by the prospective adoptive parents from anywhere in the country.

(8)       The prospective adoptive parents shall be declared eligible and suitable by the specialised adoption agency based upon the home study report and supporting documents and in case any prospective adoptive parent is not declared eligible or suitable, the reasons for the same shall be recorded in the Child Adoption Resource Information and Guidance System.

(9)       The prospective adoptive parents can appeal against the decision of rejection to Central Adoption Resource Authority.

(10)    The appeal referred to sub-paragraph (9) shall be disposed of within fifteen days and the decision of Central Adoption Resource Authority in this regard shall be binding.

(11)    The District Child Protection Unit shall facilitate online registration of prospective adoptive parents, uploading of documents and also for addressing technical difficulties faced by the specialised adoption agencies.

Provided that the adoption of a child by the prospective adoptive parents, after completion of their registration and home study report, shall depend upon the availability of a suitable child.

Selection of a child by the prospective adoptive parents. –  

(1)        The seniority of the prospective adoptive parents shall be from the date of registration in the Child Adoption Resource Information and Guidance System.

(2)       On the basis of seniority, the prospective adoptive parents shall be given an opportunity to view the photographs, child study report and medical examination report upto six children, in their preference category if any, in one or more specialised adoption agencies through the Child Adoption Resource Information and Guidance System.

(3)       After viewing the photographs, child study report and medical examination report of the child or children, the prospective adoptive parents may reserve one child within a period of forty eight hours for possible adoption and the rest of the children would be released through Child Adoption Resource Information and Guidance System for other prospective adoptive parents in the waiting list.

(4)       The specialised adoption agency will get the details of the prospective adoptive parents referred from the Child Adoption Resource Information and Guidance System site and fix appointment with the prospective adoptive parents to assess the suitability of the prospective adoptive parents by an Adoption Committee, consisting of its adoption in-charge or social worker, pediatrician or visiting doctor and one official from the District Child Protection Unit.

(5)       The specialised adoption agency shall also organise a meeting of the prospective adoptive parents with the child.

(6)       The entire process of matching shall be completed within a maximum period of fifteen days from the date of reserving the child.

(7)       While accepting the child, the prospective adoptive parents shall sign the child study report and medical examination report in the presence of the social worker or chief functionary of the specialized adoption agency.

(8)       In case, the prospective adoptive parents are not selected for the child by the specialised adoption agency, the reason for non-selection of the prospective adoptive parents shall be recorded in the Child Adoption Resource Information and Guidance System.

(9)       In case, the prospective adoptive parents do not accept the reserved child or the specialised adoption agency does not find the prospective adoptive parents suitable, then, the prospective adoptive parents will be shifted to the bottom of the seniority list, as on that date, who can avail a fresh chance when the seniority becomes due and the same procedure shall be followed in the subsequent chances.

(10)    The registration of prospective adoptive parents shall be valid for two years.

(11)    The prospective adoptive parents can also get the medical examination report of the child reviewed by a medical practitioner of their choice.

(12)    If the prospective adoptive parents opt for one of the children shown, they shall accept the child by signing the child study report and medical examination report of the child, which may be downloaded from the Child Adoption Resource Information and Guidance System and the specialised adoption agency shall record the acceptance by the prospective adoptive parents in the Child Adoption Resource Information and Guidance System.

Pre-adoption foster care. –

The child shall be taken in pre-adoption foster care by the prospective adoptive parents within ten days from the date of acceptance, after signing the pre-adoption foster care undertaking in the format provided in Schedule-7 by http://cara.nic.in/.

Legal Procedure. –

(1)       The specialised adoption agency shall file the adoption petition in the court, having jurisdiction over the place where the specialised adoption agency is located, within seven days from the date of acceptance by prospective adoptive parents for obtaining the necessary adoption orders under the Act.

(2)       In case the child is from a children’s home which is located in another district, the specialised adoption agency shall file the adoption petition in the concerned court of that district.

(3)       The adoption petition shall contain all requisite documents as per Schedule- 8 by http://cara.nic.in/

(4)       The court will hold the adoption proceeding in-camera and dispose of the case within a period of two months from the date of filing of the adoption petition by the specialised adoption agency.

(5)       The specialised adoption agency shall obtain a certified copy of the adoption order from the court and will forward it to the prospective adoptive parents within ten days and it shall also post a copy of such order in the Child Adoption Resource Information and Guidance System and make necessary entries in Child Adoption Resource Information and Guidance System.

(6)       Registration of an adoption deed shall not be necessary.

(7)       The specialised adoption agency shall obtain the birth certificate of the child from the birth certificate issuing authority within ten days from the date of issuance of adoption order, with the name of adoptive parents, as parents, and date of birth as recorded in the adoption order.

 Follow up of progress of adopted child. –  

(1)       The specialised adoption agency shall report the progress of the child online in the format as provided in Schedule-11 by http://cara.nic.in/ in the Child Adoption Resource Information and Guidance System along with photographs of the child on six monthly basis for two years from the date of pre-adoption foster placement with the prospective adoptive parents.

(2)       In case the child is having adjustment problem with the adoptive parents, the specialised adoption agency shall arrange necessary counselling for such adoptive parents and the child and if such counselling efforts do not succeed, the specialised adoption agency shall make effort for placing the child temporarily in alternative care.

   Adoption leave. –

Adoptive parents, working in the offices under the control of the Central Government or the State Government or the Central or State Public Sector Undertakings shall be entitled for adoption leave for proper care of adoptee, as per the extant instructions of the concerned Government or authority and the benefit of this facility shall be available from the stage of pre-adoption foster care.

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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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