cara - draft guidelines on adoption of indian children

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DRAFT GUIDELINES ON ADOPTION OF INDIAN CHILDREN WITHOUT PARENTAL CARE 0

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Page 1: CARA - Draft Guidelines on Adoption of Indian Children

DRAFT GUIDELINES ON ADOPTION OF INDIAN CHILDREN WITHOUT PARENTAL CARE

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CENTRAL ADOPTION RESOURCE AUTHORITYMINISTRY OF WOMEN & CHILD DEVELOPMENT

GOVERNMENT OF INDIA

CONTENTS

PART IIntroduction

Background, Goals & Fundamental Principles Best Interest of Child Curent Legal Practice Shishu Greh Scheme ICPS Scope of the Guidelines In-country & Inter-country Adoptions Adoption Provisions under different legislations

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PART II :Child Care & Rehabilitation Priority

Hierarchy of Life environments Safety/Protection Needs of a Child Restoration and Family Preservation Efforts Domestic Adoption Inter-country Adoption Institutional Care Care & Rehabilitation in Emergency Situations

PART III:Registration, Recognition, Accredition & Enlistment

Specialized Adoption Agency(SAA) RIPA Adoption Co-ordinating Agency(ACA) Enlisted Foreign Agencies for Adoption(EFAA)

PART IVRole and Functions of various Authorities

Govt. of India

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CARA & Central Authorities Designated Courts India’s Deplomatic Missions Abroad State Government & Uts Adoption Advisory Committee SARA(State Adoption Resource Agency)/State Adoption Cell Child Welfare Committee Birth Certificate issuing Authority

PART VRole and Functions of Associated Agencies/ Stake holders

ACA(Adoption Coordinating Agency) SAA(Specialized Adoption Agency) EFAA(Enlisted Foreign Adoption Agencies)

Other Stakeholders Scrutiny Agencies Adoptive Parents Asociations Childline Police and Local Authority Hospitals & Nursing Homes Birth Certificate issuing Authority

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RPO(Regional Passport Office) Biological Parents,Community & Civil Society

PART :VIProcedure for Legal Adoption

Source of Children Admission Procedure(Transfer of Children) Ascertaining Legal Status Efforts for Domestic Adoption(Indians residing in India) Procedure related to Children Procedure related to Prospective Adoptive Parents (Indians in India) Adoption by prospective NRI/OCI/PIO/Foreign Parents

PART VIIRights, Safeguards, Ethical Issues & Guides to Good Practice

Rights of insttuionslized Children and Children placed in Adoption Issue of Safeguards Counselling Post-adoption Issues

PART VIII

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MiscelleanousGlossary

ANNEXURES :

A. Adoption Provisions under different legislationsB. Format of CSR & PERC. Guideline for Preparing HSRD. Master Admission Register for ChildrenE. Reporting Formats & Online Reporting System from SAA to various

Authorities

F. Documents to be filed with Adoption Petition in case of domestic adoption

G. Checklist of documents in case of PAPs residing abroad (foreign/NRI/OCI/PIO parents)

H. Minimum Standards & Recommended Staff Provision for SAA.I. Criteria for Prospective Adoptive Parents and Criteria for Children to be

adoptedJ. Reimbursement of Adoption Fee (In-country & Inter-country)K. Registration Format for PAPs in IndiaL. WHO Growth StandardsM. Rights of Children in Institutions

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PART I INTRODUCTION

1 Background

The family is the natural environment for the growth and well being of the children as family environment alone can provide them the best opportunity to fulfill their potential. Government of India considers adoption as the best non-institutional support for rehabilitation of orphan, abandoned and surrendered children who become homeless and whose separation from their biological parents can not be avoided for various reasons. In pursuance of its constitutional mandate, the Government of India has evolved a National Policy for the Welfare of Children. The thrust of this policy is summed up in the following words: 

"The Nation's children are a supremely important asset. Their nurture and solicitude are our responsibility. Children's programme shall find a prominent part in our national plans for the development of human resources, so that our children grow up to become robust citizens, physically fit, mentally alert and morally healthy, endowed with the skills and motivations needed by society. Equal opportunities for development to all children during the period of growth should be our aim, for this would serve our larger purpose of reducing inequality and ensuring social justice."

The UN Convention on the Rights of the Child-1989 recognizes family as the fundamental group of the society and the natural environment for growth and well being of all its members and particularly children. Hague Convention on Inter-country Adoption-1993 stipulates rights and safeguards for all adoptable children. JJ Amendment Act-2006 provides measures for family preservation and rehabilitation of orphan, abandoned and surrendered children. A Comprehensive Child Welfare and Protection Policies under National Plan of Action-2005 and Integrated Child Protection Services (ICPS) have stipulated child care standards for institutionalized children, their rights and safeguards.

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Following upon the above mandate, the Govt. of India has evolved several programmes to ensure the betterment of children and their development in a wholesome manner. The Ministry of Women & Child Development, Govt. of India has been mandated, amongst others, with the welfare of such children in difficult circumstances and considered most vulnerable. The rehabilitation of such children through adoption is one of the major planks of the Ministry’s policies for children. This policy keeps in mind the fact that the full and wholesome growth of a child is possible only in an atmosphere of parental love and guidance. It recognizes the family as the central fulcrum around which both mental and physical development of a child is given full opportunity to blossom.

In order to facilitate the implementation of the norms, principles and procedures relating to the adoption of children laid down by the Honourable Supreme Court in their judgments dated the 6th Feb. 1984, 27th Sep. 1985 and 3rd Dec. 1986 in Writ Petition L. K. Pandey vs. Union of India (NO. 1171) of 1982, the Government of India issued Guidelines vide Ministry of Welfare Resolution No. 13-33/85-CH (AC) dated the 4th July 1989.

The Government of India issued the Revised Guidelines for Adoption of Indian Children vide notification dated the 29th May 1995 after examining subsequent directions laid down by the Supreme Court of India and the recommendations of the Task Force constituted under the Chairmanship of Justice P. N. Bhagawati, retired Chief Justice of Supreme Court of India. Subsequently, the Government of India converted the Central Adoption Resource Agency into an autonomous body with effect from the 18th March, 1999. It was designated as Central Authority by the Ministry of Social Justice & Empowerment on 17.7.2003 for the implementation of the Hague Convention on Protection of Children & Cooperation in respect of Inter-country Adoption (1993). The Ministry of Women & Child Development has of late been mandated to look after the subject matters ‘Adoption’ & ‘Juvenile Justice (Care & Protection of Children) Act, 2000’ pursuant to 16 th Feb. 2006 notification of Govt. of India regarding reallocation of the Business.

Also, the Govt. enacted the Juvenile Justice (Care & Protection of Children) Act, 2000 and further amended it in the year 2006 to ensure adequate protection and rehabilitation measures for children in need of care and protection. In the year 2004 and 2006, Government came out with In-country Guidelines 2004 and “Guidelines for Adoption from India 2006” respectively.

India signed the Hague Convention on Inter-country Adoption-1993 on 9 January, 2003 and ratified it on 6 June, 2003 with a view to strengthening international cooperation and protection of Indian children placed in inter-country adoption. For the purpose of implementation of the Convention, Ministry of Women & Child Development, Government of India is functioning as the Administrative Ministry and Central Adoption Resource Authority (CARA) as the Central Authority.

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In accordance with article 3 of the Convention on the Rights of Child (CRC), the best interests of the child shall be a primary consideration in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies. This principle, reiterated in article 21 CRC in relation to adoption, implies a case-by-case appreciation of the interest of the child, and conflicts with a general approach, which considers the adoption of a child as beneficial for him in all cases.

The present Guidelines shall be applicable to recognized adoption agencies in the country as provided under JJ Amendment Act 2006.

1.2 Goals & Fundamental Principles

The child welfare goals of most vulnerable category of children, i.e. orphan/abandoned and surrendered children are safety (child protection), family preservation (restoration to biological parents and strengthening family approach) and their rehabilitation in various non-institutional services as visualized in the UN Convention on Child Rights and Hague Convention on Inter-country Adoption (both ratified by India), principles laid down by the Honourable Supreme Court of India in the series of Judgments delivered in L.K. Pandey vs. Union of India and Others between 1984 and 1991 and various other court orders from time to time. Central Adoption Resource Authority is authorized to promote in-country adoption and regulate inter-country adoption, implement various measures necessary to establish uniform standards in sourcing of children for the purpose of adoption, procedure followed in adoption, quality child care, hierarchy of care options and rehabilitation priorities, registration and licensing procedure, monitoring provisions, standardization of documents, their safeguards and ethical practices in all placement decisions.

Prevention of separation of a child from his/her biological parents/guardians and long term institutionalization of all adoptable children, child’s reintegration with biological parents and/or guardians and family reintegration constitute the most desirable permanent solution. As guiding principles in this regard, international law provides that family solutions must be envisaged as a priority and domestic measures must be given preference over those that may be available outside the country (principle of subsidiary).

The principal goal is to find a loving and caring family for every adoptable child and to ensure “best interest of the child” at various stages in the adoption process. All homeless children including orphan and abandoned children must have access to non-institutional services and every effort shall be made to stop any kind of illegal or unethical practices in the name of adoption. Placement of children in adoption must be guided by a procedure in a time bound manner at all stages, so that adoptable children find themselves in adoptive families at the earliest possible time. The sooner they are placed with alternate families; it is better for their overall growth and development.

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The goal as envisaged under the Hague Convention on Inter-country Adoption is to protect the rights of children, birth families and adoptive parents involved in adoptions with other countries that are parties to the Convention. It is intended to provide every child a family to ensure better social and emotional development of the destitute and orphan children within their own socio-cultural milieu, to encourage and propagate adoption of children within the country and to regulate and facilitate the procedure for Inter-country adoptions so as to bring uniformity throughout the country in this regard.

1.3 It rests on three major principles:

i) Subsidiarity, whereby international adoption may only be considered in the absence of domestic solutions (i.e., only if the child cannot be brought up by his or her own parents, other members of the family or adoptive parents within the country of origin);

ii) Prohibiting improper financial or other gain and requiring that only costs and expenses, including reasonable professional fees, be charged;

iii) And the primacy of the child's best interests (requiring a central point of contact or central authority in each country to coordinate inter-country adoption policy and practice; to establish legal safeguards to ensure that inter-country adoptions take place in the best interest of the child and with respect to his/her fundamental rights (as recognized in International Law) to ensure and secure in the Contracting States international recognition of adoption, in other words, an adoption made in one country will be recognized in other countries; providing for a system of accreditation for inter-country adoption practitioners; requiring that consent to adopt be informed and freely given; and requiring preservation of medical and other records etc.).

1.4 Best Interest of Child

The Convention on the Rights of the Child adopted by the General Assembly of the United Nations on 20 November 1989 and ratified by India recognizes that each child should grow up in a family environment, in an atmosphere of happiness, love and understanding and a child, by reason of his physical and mental immaturity needs special safeguards and care, including appropriate legal protection, before as well as after birth. It further states that in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interest of the child shall be a primary condition.

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In accordance with article 3 of the Convention on the Rights of Child (CRC), the best interests of the child shall be the primary consideration in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies. This principle, reiterated in article 21 CRC in relation to adoption, implies a case-by-case appreciation of the interest of the child, and conflicts with a general approach, which considers the adoption of a child as beneficial for him in all cases. Article 18 and 27 of CRC confirm the importance of the responsibility of parents for the upbringing of their children, but at the same time, the CRC requires the State Parties to provide necessary assistance to parents (or other care takers) in the performance of their parental responsibilities.

Article 21 of the Convention deals with safeguards pertaining to inter-country adoptions. It also emphasizes on priority to in-country adoption, status of children in inter-country adoption to be equivalent to national adoptions, the placement of children should have no improper financial gain and the placement of child in inter-country adoption involves competent authorities of both the countries.

1.5 Current Legal Practice

In the absence of legislation on adoption, the court procedure is followed as per judgement delivered by Hon’ble Supreme Court of India in L.K. Pandey vs. Union of India, WP No 1171 of 1982 and its subsequent cases. The present practice is that children from India placed in international adoptions are usually taken under Guardian and Wards Act, 1890 (GAWA) where Indian courts only grant guardianship rights to the foreign nationals with a view to taking guardianship of a particular child to take out of the country and adopt as per their country laws. The Juvenile Justice (Care and Protection of Children) Amendment Act, 2006 applies to all children as well as parents irrespective of their religion and gender. All adoptable children under category of children in need of care and protection (as defined under JJ Act), shall be processed under this specific legislation by district courts, city civil courts, family court and other appropriate courts as may be defined under State JJ Rules to be framed based on the above Act. The legislation being child focused legislation, guarantees all rights to an adopted child and it is also recognized under international obligations by all Hague member countries.

On implementation of JJ Amendment Act-2006 and its State Rules, all cases of orphan, abandoned and surrendered children have to be processed under the Act so that unrelated children have adequate safeguards in their placement.

1.6 Sishu Greh Scheme

The “Scheme of Assistance to Homes for Children (Sishu Greh) to Promote In-country Adoption” has been in operation since 1992-93 to promote in-country adoption. The Scheme was revised w.e.f. 1st April,2001 with the objective of bringing State Govt.-run-institutions within its ambit so that all institutionalized children who are legally free for adoption can find families within the country.

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1.7 ICPS

Integrated Child Protection Scheme of Ministry of Women and Child Development is an intervention of holistic approach towards child protection and rehabilitation.

1.8 Scope of the Guidelines

These Guidelines shall be applicable for all orphans, abandoned and surrendered children under the age of 18 years as far as their adoption in loving and caring alternate families is concerned both within the country and abroad. The proposed Guidelines should assist States to ensure the rights of all children to have access to non-institutional care, enforce uniform standards in case of all adoptable children and ensure basic minimum requirements in case of special needs children etc.

These Guidelines would essentially seek to ensure that children do not find themselves on the streets or in residential homes pointlessly, rather they find care and rehabilitation services as per their specific needs and rights. The above Guidelines shall replace (i) Guidelines for In-country adoption, 2004 and (ii) Guidelines for Adoption from India, 2006. Cases of all orphan, abandoned and surrendered children shall be processed as per the provisions prescribed under the present Guidelines and appropriate legislations and Rules in force.

1.9 In-country & Inter-country Adoption

Adoption proposals received from Indians residing in India shall be processed by SAAs as per procedure given under the Guidelines. Applications of NRI/OCI/PIO and foreign parents sponsored by EFAAs/Central Authorities or Govt. Departments to CARA shall be treated as inter-country adoptions. An inter-country adoption is one in which the adoptive parents and the child do not have the same nationality as well one in which the habitual residence of the adopters and the child is in different counties.

1.10 Adoption Provisions under different Legislations

All children in need of care and protection shall be resorted to procedure established under JJ Amendment Act 2006, its National Model Rules or State Rules and the present Guidelines. Even in cases of family adoption, if children are found to be such category (children in need of care and protection), their adoption may be finalized under JJ Amendment Act 2006.Details about adoption provisions under different legislations are placed at Annexure-A.

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PART - IICHILD CARE & REHABILITATION PRIORITIES

The family is the primary setting for children's development. The separation of children from their families can result from many causes, including the death of one or both parents, abandonment, natural calamities, displacement, poverty, gender issues, children suffering from special needs or simply the inability or unwillingness of the family to provide care.  It is true that the best institutional care cannot replace the warmth of family life and therefore, children need not be separated from their biological family on the ground of poverty or gender issues and therefore each case of such child should be carefully planned. It is imperative to ensure primacy of efforts to maintaining the child with his or her parents by providing necessary support to the latter in their care-giving role, i.e. preventing unwarranted or arbitrary separation ensuring the planned provision of a range of alternative care options, with priority to family and community based solutions, securing permanency for the child without undue delay through, wherever possible, reunification with the family or in an alternative stable family setting, protection from abuse, neglect and exploitation in all care settings.

Hierarchy of life environments

family solutions (prevention of abandonment and keeping the child in his/her family, returning the child to his/her family of origin, foster care, internal or intercountry adoption) must take precedence over long-term institutionalization.

Permanent solutions (keeping or reintegrating the child in his/her family of origin, adoption) must take precedence over temporary solutions that perpetuate themselves.

Temporary solutions (foster care, placement in an institution) must give priority to the reintegration of the child in his/her family of origin, or else to the search for a permanent solution.

National solutions (family reintegration, internal adoption) must take precedence over international solutions (inter-country adoption).

Priority No I

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Safety/Protection Needs of a Child

When children are admitted into adoption agencies/child care institutions, their protection or safety need is to be accorded highest priority. The child’s best interests and respect for his/her fundamental rights shall govern any protective measure taken for a child. Child Protection incorporates both prevention and rehabilitation aspects. Children have a right to be prevented from becoming subjects of violence, abuse, neglect and exploitation while during their stay in the institutions. “Child Protection” is about protecting children from or against any perceived or real danger or risk to their life, their personhood and childhood. It is about the reducing their vulnerability to any kind of harm and protecting them in harmful situations. While protection is a right of every child, infants and young children are more vulnerable then others. Adoption agencies are required to support preventive interventions, promote community based care and quality standards so that every child has access to safety/protection need as soon as it is admitted in the home.

Priority No IIRestoration & Family Preservation Efforts

The family preservation services may include family support interventions, health and nutrition programmes, education programmes, psychosocial support, household economic strengthening programs etc. SAAs are urged to promote family foster care and sponsorship programme to prevent separation of children from their biological parents.

Every effort must be made to retain a child with his/her biological parents. Prevention of family separation is called for in the Universal Declaration of Human Rights (Article 16) and is integral to the United Nations Convention on the Rights of the Child (Articles 5–9, 18, 24, 27-29). 

Restoration of a child to the biological parent/s or preventing abandonment of a child from biological parent/s are important decisions and such decision-making in the best interests of the child should be based on rigorous assessment, planning and review, through established structures and mechanisms. It should be carried out on a case-by-case basis, by suitably qualified persons, preferably in a multidisciplinary team.

Family preservation efforts should aim to empower families with attitudes, skills, capacities and tools to enable them to provide adequately for the protection, care and development of their children. A family strengthening approach may include parenting courses, the promotion of positive parent-child relationships, conflict resolution skills, and opportunities for income generating activities, support services, including financial assistance and care facilities for parents and children together when necessary. Agencies and authorities should make every effort to prevent the separation of children from their parents or primary caregivers, unless the best interests of the child so require, and ensure that their actions do not inadvertently encourage family separation by providing services and benefits to children alone rather than to families.

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Should family reintegration prove impossible within an appropriate period, or be deemed contrary to the child’s best interests, other long-term options such as sponsorship, foster care, appropriate residential care or adoption should be envisaged.   That child welfare service providers are expected to check whether children who are deprived of parental care be placed with relatives or other adults known to them, so that they can stay in a familiar environment.

The Juvenile Justice Act 2000(amended in 2006) provides for the reintegration of children into the community by means of adoption, foster care and sponsorship. SAAs are encouraged to develop programmes for family based non-institutional care including sponsorship (both preventive and rehabilitative) and foster care (temporary foster care and pre-adoption foster care) support.

Family foster care for older children may be considered as an important option in this regard.

Priority No IIIDomestic Adoption

The Supreme Court of India in its series of judgements in L.K.Pandey vs. Union of India case and the United Nations Declaration of the Rights of the Child adopted by the General Assembly of the United Nations in 1989 as well as the Hague Convention on Inter-country adoption of 1993 clearly lay down that the best interest of the child without a family is served by providing it an opportunity to be placed with a family within its own socio-cultural milieu. Thus every child has a right to be considered for placement with a family belonging to its own national and cultural background within the country. Inter-country adoption is therefore, to be seen as an option, which is to be considered only when the above is not possible.

Priority No IVInter-country Adoption

In the light of Article 21(b) of UNCRC, inter-country adoption may be considered as an alternative means of child care, if the child can not be placed in a suitable foster or in an adoptive family or can not in any suitable manner be cared for in the child’s country of origin. This may be read with Article 4.b of Hague Convention on Inter-country Adoption 1993. Further on perusal of the Hague Convention of Art 16.1b, it is said that due consideration be given to the child’s upbringing and to his or her ethnic, religious, cultural and linguistic background while doing placement for his/her adoption. Inter-country adoption may be seen as the next priority while making rehabilitation efforts for such children, which can be preferred to institutionalization.

In view of the above and letter issued by Ministry of Overseas Indian Affairs vide DO No OI-16011/10/2006 dtd 20th Novemeber 2006, priority for adoption may be given as under:

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1. Indians in India2. NRI/OCIs(No SARA Clerance required)3. PIOs/foreigners

Priority No VInstitutional Care

In spite of its best efforts to place children in non-institutional care, if a particular SAA does not succeed, the next alternative left with it is to fit such children into appropriate care provisions keeping their best interest as priority. A list of such institutions may be maintained by SAA, CWC and SARA to enable such children to get appropriate child care as envisaged under JJ Amendment Act 2006.

While under institutional care, such children should enjoy all rights as enshrined in UNCRC, i.e., including the right to maintain regular contact with biological family and other significant people if such contact is not conflicting with their best interest, the right for siblings to stay together or maintain regular contact, the right to an identity, the right to respect of the child’s ethnic, religious, cultural, social and linguistic background, the right to privacy, the right to good quality health care adapted to the needs and well-being of the individual child, the right to respect for the child’s human dignity and physical integrity, protection against corporal punishment and all forms of abuse, the right to equal opportunities, the right to have access to all types of education, vocational guidance and training under the same conditions as for all other children, the right to be prepared for active and responsible citizenship through play, sport, cultural activity, informal education and increasing responsibilities, the right to participate in decision-making processes concerning the child and the living conditions in the institution and the right to make complaints to an identifiable, impartial and independent body in order to assert children’s fundamental rights.

Care and Rehabilitation in Emergency Situations

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All principles set out in the present Guidelines should continue to apply in situations of emergency arising from natural and man-made disasters. Identifying, registering and documenting unaccompanied or separated children are priorities in any emergency and should be carried out as quickly as possible. Registration activities should be conducted by or under the direct supervision of Government authorities and explicitly mandated agencies with responsibility for and experience in this task. The children may not be shifted to far off places unless it is so required and their identity should be preserved at all costs. Temporary foster care or institutional care may be considered as appropriate alternative in such cases. In case the relatives/ guardians are alive, such children have a right to be united with their relatives/guardians provided there is nothing wrong in such efforts. If it has been established beyond all doubts that there is no surviving relative/guardian, in such case, the child may be placed in domestic adoption. No action should be taken that may hinder eventual family reintegration.

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PART IIIREGISTRATION, RECOGNITION, ACCREDITION & ENLISTMENT

Adoption of unrelated children shall be processed only through licensed/recognized agencies as provided under these Guidelines. In case of domestic adoption, which means Indians residing in India, children shall be processed through SAA while in all other cases such as NRIs/OCIs/PIOs and foreigners, adoption applications can be sponsored from the receiving country to CARA and such applications can be processed through SAA (RIPA).

3. 1 Specialized Adoption Agency (SAA)

Criteria of Recognition

The State Governments (the term "State Government" to include Union Territory Administration wherever applicable) through SARA shall recognize suitable children's homes as SAA for placing children in adoption. Out of all CCIs, only selected units may be registered as Specialized Adoption Agency as per JJ Act for infants and young children (0-6 yrs). State Govt. may make efforts to recognize at least one SAA in each district. The State Govt. shall periodically renew recognition. In case children above 6 years are available in the institutions who are either orphan/abandoned or surrendered, additional facilities may also be provided for education, recreation etc. The mandatory requirement of such agency is that it should have adequate infrastructure and facilities of quality childcare to meet any casualty or emergency situation while the child is admitted into the agency or stays for a short-term.

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Out of all CCIs, the state govt. may like to recognize a few institutions to deal with high-degree special needs children (suffering from HIV/AIDS, mentally retarded and other hard to place category) where experts are available to provide quality care and treatment on long-term basis for those children who are not adoptable.

The State Government shall issue recognition certificate as SAA to suitable CCI under Section 41(4) of the JJ Amendment Act – 2006 on the basis of the following criteria:

(i) Only such voluntary agencies/institutions as are primarily engaged in non-profit activities and preferably having child welfare programmes and registered under the Societies Registration Act, 1860 / Public Trust Act can apply for registration as CCIs and further for recognition as SAA.

(ii) All such CCIs shall be registered under Section 34 (3) of the JJ Act.

(iii) Such institutions should have other social and charitable activities to qualify to be approved as SAA in the State.

(iv) It should have computer and internet connection to feed online data to various authorities

(v) For applying recognition as SAA in the State or UT, such CCI has to enclose above documents along with its Annual Reports (for last three years), list of professional and child care staff, copy of its Memorandum of Association and Management Committee (MC) and minutes of its MC supporting such decision.

(vi) By virtue of recognition by State Govt, SAAs shall become eligibile to become member of SARA/ACA.

(vii) Such agency should adhere to guideline or rule laid down by the State Government /Central Government or CARA on Adoption from time to time.

(viii) All such homes must have a high standard of child care facilities to ensure that children are rehabilitated and their health improved before they are placed in adoption. All the agencies shall observe prescribed & adequate standards in child care and professional and child care staff as per the broad criteria placed at Annexure – B. The number of Ayas and nurses and other staff shall vary in proportion to the number of children in the Home. For children, between 3 and 6 years proper recreational and pre-school educational facilities must be provided.

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(ix) It shall be mandatory for all the Homes/ Institutions to have qualified professional and child care staff for running child welfare programme. Professional social worker should be an MSW or Master Degree holder in Psychology.

(x) It is also advised to have a part time legal consultant who can help in completion of legal formalities for placement of the child.

In addition to the provisions provided under this Guidelines, SAA is required to comply with procedures and child care standards as provided under JJ Amendment Act 2006 and its corresponding National Model Rules or State JJ Rules and Schemes framed by Government of India known as Integrated Child Protection Scheme (ICPS) for protection and rehabilitation of all children in need of care and protection. All SAAs are required to ensure that a child’s right to grow up in safe, stable and trustworthy relationships is assured and institutionalization of the child is considered as the last resort.

3.2 SAA (RIPA)

Only such SAA having adequate infrastructure and other social and child welfare activities may be recommended by the State Government to CARA for recognition as RIPA and such agencies will be known as RIPA and accredited agencies of CARA for placing children both in domestic and inter-country adoption.

Criteria for recognition

In addition to the requirements as mentioned above in case of SAA, SAA (RIPA) is required to have additional facilities for special needs children and large number of children not able to find family within the country etc. CARA may consider recognition of such agencies as RIPA based on State Government’s recommendation and additional facilities available therein. Only Recognised Agencies can undertake Inter-country Adoption. RIPAs will be known as accredited bodies for the purpose of processing inter-country adoption applications. Any Indian agency desirous of undertaking inter-country adoption work shall apply for recognition to the Central Adoption Resource Authority, through the State Government concerned.

Conditions for Recognition

a) It shall be a society registered under the Societies Registration Act, 1860 or a Trust created under the Charitable Trust Act, or an organization registered under an appropriate law or an organization which has worked for the welfare of children during the proceeding three years;

b) The organization shall be duly licensed by the State Government as SAA under the provisions of JJ Amendment Act 2006 or relevant State Rules;

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c) It shall have a duly constituted Executive Committee. The Chief Executive of the organization as well as the majority of members of the Board/Executive Committee should be Indian citizens;

d) It should have appropriate children’s home for the protection and up-keep of children including infants;

e) It should be running on a non-commercial, non-profitable basis;

f) It should have at least one qualified Social Worker on its staff to carry out the adoption work;

g) The Chief Executive of the organization should be willing to sign a written undertaking to follow the guidelines laid down by the Supereme Court of India and those prescribed, from time to time, by the Government of India and the Regulations if any, made by CARA.

h) Recognition of the agency should be recommended by the State Government concerned or if it is not so recommended, the reason for the refusal should be given. CARA may accept or reject the reasons for refusal. The decision of CARA shall be final.

Duration

Recognition to an Indian accredited agency shall be granted normally for a period of 5 years, subject to the conditions laid down in these Guidelines. The decision of CARA shall be final in this regard.

Renewal of Recognition of RIPA

RIPA should apply for renewal of recognition, 6 months prior to the date of expiry of the previous recognition. The original application should be sent by the agency to the appropriate authority of the State Government and a copy of it should simultaneously be forwarded directly to CARA. The State Government will forward the original application to CARA along with its comments within a period of two months from the date of receipt of the complete application. If the State Government does not respond within stipulated time from the date of receipt of application, CARA and consider the renewal of recognition. Recognition would normally be renewable for a period of five years subject to the following conditions:

Recommendation/views of the concerned State Government accompanied by the inspection report of the Agency.

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Satisfactory performance in relation to in-country adoption will be an important factor to assess and consider further renewal of recognition of any RIPA. The agencies shall sufficiently exhibit their involvement in the area of In-country adoption. The Agencies will place 50% or more children in adoption to Indians in India.

Regular submission of Annual report, monthly reports of the Agencies and audited statement of accounts as prescribed, adoption charges per child, donations received, if any.

No instance of proved malpractice against the RIPA.

Whether the agency is still recognized by the appropriate authority of concerned State govt. for running the children Home and doing in country adoption under relevant rules.

List of children placed in in-country and inter-country adoption, year-wise for the period of five years to support the data submitted.

Agencies to maintain Accounts

Every agency shall maintain proper accounts to be auditedby a Chartered Accountant every year.An attested copy of audited accounts together with audit report shall be furnished by every agency within one month from the date accounts have been audited by the Chartered Accountant, to the relevant Department of the State Government concerned and to the CARA. An attested copy of the FCRA accounts submitted to the Home Ministry should be furnished to CARA together with the audited accounts, by the agency. The adoption charges and donations received from different sources will be submitted to CARA at the end of every financial year. The SAA (RIPA) is required to maintain child-wise adoption fee as well as any sponsorship fee or donation received from EFAA/Central Authority.

Receipt of applications for Inter-country Adoptions

All applications for inter-country adoptions shall be received by CARA. No Recognised Indian Placement Agency shall entertain any application for adoption of an Indian child from foreigners [including NRIs/PIOs (as applicable)], Enlisted Foreign Adoption Agency/central authority or from the appropriate Government authority/duly authorized body in countries where there is no enlisted agency. The applications received in CARA will be distributed to RIPAs keeping in view the availability of children as also the preference if exercised for a particular RIPA. PAPs not approved by CARA, in case of Hague countries should not be allowed to visit RIPAs for selecting children.

Inspection of Agencies

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The premises of the Recognized Indian Placement Agencies including their children Homes, and their records shall be open to inspection by CARA, SARA or State Govt. or any other agency authorized by CARA.

De-recognition

Recognition can be withdrawn or suspended by CARA wherever the need arises or any other suitable action can be taken against the agency after giving due opportunity to the agency by way of show cause notice. Recognition is subject to review any time. 3.3 Adoption Coordinating Agency (ACA)

Recognition of ACA

There will be an Adoption Coordinating Agency (ACA) in a State or in special circumstances more than one ACA in a State or one ACA for a group of states where there are several children homes and adoption agencies to carry out the functions prescribed under the Guidelines and as assigned to it by CARA from time to time. Normally recognition shall be considered for 5 years on satisfactory performance in the promotion of in-country adoptions and other activities, timely submission of reports and audited statement of accounts, recommendation of State Government along with its inspection report and such other requirements as specified by CARA will form the basis of recognition.

Criteria for recognition

ACA shall be registered under the Societies Registration Act, 1860.

Its Executive Committee shall be constituted as prescribed under the Guidelines

It should not have a liason with any EFAA for donations or for funding any of its projects.

The agency should run on a non-commercial and non-profitable basis.

Furnished undertaking to Comply with CARA Guidelines.

All the Office-bearers should be Indian Nationals.

Any new Agency applying for ACA recognition, is required to employ such number of staff as provided under ICPS or as decided by CARA from time to time.

The agency must be recommended by the concerned State Government for recognition by CARA.

Renewal of Recognition

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ACA which seeks renewal of recognition should apply to CARA through the State Government for renewal of recognition six months prior to the date of expiry of the previous recognition. If the State Government does not respond within the stipulated 60 day period from the date of receipt of application, it shall be presumed that the State Government has no objection. However, CARA may issue recognition after satisfying itself about the activities & performance of ACA.

Withdrawal of Recognition

CARA shall make annual evaluation of such agencies and in case any ACA is found lacking in discharging its activities, CARA shall take appropriate action in terms of suspension/withdrawal of recognition after giving it an opportunity to explain its conduct. In the event of withdrawal of recognition CARA shall evolve suitable alternate mechanism for issue of Clearance Certificates. Any malpractice, if proved, would immediately invite action in the shape of withdrawal of recognition. Delay and non-compliance in the submission of reports/accounts asked for by the State Government or CARA may also be a ground for withdrawal of recognition.

3.4 Enlisted Foreign Agencies for Adoption(EFAA)

CARA will approve/authorize Enlisted Foreign Adoption Agencies(EFAAs) who can forward applications of foreign prospective adoptive parents including NRIs (Non Resident Indians), OCIs and PIOs to it for approval.

Foreign Agencies to Apply to India’s Diplomatic Missions

A foreign social/child welfare agency desirous of sponsoring applications of foreign adoptive parents for adopting an Indian child shall make an application for authorization to CARA through the Office of Indian Diplomatic Mission in that country and only such foreign agencies enlisted for this purpose by CARA shall undertake this activity.

Criteria for Enlistment of Foreign Agencies

The criteria for enlistment/authorization of foreign agencies by CARA for the purpose of inter-country adoption are as under:-

It will be an Agency duly registered under the relevant law of the concerned country and should be recognized/ licensed by the appropriate authority of that country to undertake inter-country adoption.

It must have been duly accredited and authorized by the Competent Authority under the Hague Convention on Inter-country Adoptions, 1993 (wherever applicable).

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It will submit the Memorandum, Mission statement, copies of Registration status, latest license issued by the concerned Government authority to undertake International Adoptions, list of Board/Executive Members and list of countries it is working with.

It shall be a child welfare agency with an established standing in this field and it must be staffed with qualified social workers who have experience in the field of adoption. It shall submit the activities of the organization, Annual Reports for the last 3 years, list of staff with qualification and accounts for the last two years.

The agency shall run on a non-commercial and non-profit basis and shall provide an annual statement on payment made to the Indian agencies.

An undertaking by the enlisted foreign adoption agency that in case of disruption of the foreigner's family or in case the child is not properly looked after or is mistreated or abused in the adoptive family, it will undertake responsibility for the care of the child under intimation to the Indian Diplomatic Mission, the Central Adoption Resource Authority, SARA and the concerned Recognized Indian Placement Agency immediately with full details and action taken for care and protection of the child. This shall include finding a suitable alternative placement for the child with the concurrence of the SAA (RIPA), which processed the case and report such alternative placement to the Indian Court, which passed the order for adoption. In such a case wherein the child is being repatriated to India either to his/her biological family, or to the Recognised Indian Placement Agency or to any other organisation, CARA should be consulted. All Social and Medical Reports should be furnished. The legal status of the child, his/her rights of citizens in the foreign country and the adoptive parents legal liabilities should be stated. A care plan for the child will be worked out and the State Government or any other organisation authorized by CARA will monitor the well being of the child. All cost including repatriation and after care will be met by the Enlisted Foreign Adoption Agency.

The Head/Chief Executive of the Organisation should be willing to sign a written undertaking to follow the Guidelines and to send progress reports as required.

Procedure for Enlistment

(i) A foreign social/child welfare agency desirous of sponsoring applications of foreign adoptive parents for adopting Indian children shall apply for enlistment to CARA, through the office of India's Diplomatic Mission in that country.

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(ii) On the recommendation of India's Diplomatic Mission in the country concerned, CARA shall examine the application for enlistment and consider the agency concerned for enlistment provided it fulfils the criteria stated.

(iii) A foreign adoption agency may be enlisted for a period of 5 years.

Renewal of Enlistment

Every EFAA should apply for renewal of enlistment to CARA through the concerned Indian Diplomatic Mission, its Central Authority/Govt. Deptt. as the case may be in Hague ratified countries, 6 months prior to the date of expiry of the previous recognition.

Normally recognition shall be considered for 5 years on timely submission of annual reports and audited statement of accounts, and such other requirements as specified by CARA will form the basis of renewal of enlistment. The most important requirement is to furnish status of children who have been placed through it along with their adoption decree/citizenship certificate.

De-enlistment

The Central Adoption Resource Authority, Ministry of Women and Child Development, Government of India, may at any time de-enlist any Enlisted Foreign Adoption Agency for adoption for valid or legitimate reasons to be recorded in writing. No EFAA should have a contract with any Indian agency/ies to allocate certain number of children against quantum of donation or payment of more than the prescribed adoption fee. However, if at the time of de-enlistment, there is any case under process that would be allowed to be completed unless CARA decides it will not be in the best interests of the child to do so. Non-submission of regular progress reports can lead to de-enlistment.

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PART IVROLE AND FUNCTIONS OF AUTHORITIES

4.1 Authorities

As envisaged under Hague Convention on Inter-country Adoption 1993, authorities and agencies of both sending and receiving countries are mandated to discharge functions in regard to rights and safeguards of children placed in adoption.

4.2 Government of India

In the Government of India, the Ministry of Women and Child Development deals with all policy matters related to adoption. The Ministry shall have the primary responsibility for the development and funding of various Schemes related to adoption. Government of India is competent to frame rules and issue Guidelines related to non-institutional care and adoption of children with loving and caring families. The Ministry is competent to take policy decision on any particular issue related to orphan, abandoned and surrendered children.

4.3 CARA & Central Authorities

Central Adoption Resource Authority was established on 28th June’1990 . It was registered under the Societies Registration Act on 18 th March’1999 as an autonomous body. CARA as an autonomous body under Ministry of Women and Child Development (WCD) promotes domestic adoption and regulates inter-country adoption in the country. By virtue of ratification of Hague Convention, it functions as a central authority in the matter of adoption. CARA as a sending country is obliged to implement all provisions of the Convention. Under Article 7 of the Hague Convention on Inter-country Adoption 1993, a contracting state shall designate a Central Authority (CA) to discharge the duties which are imposed by the Convention upon such authorities.

4.4 The Central Authorities of the receiving countries have to declare in their letter of approval that:

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the PFAPs are eligible & suitable to adopt a child from India as per the Law of their countries.

the Home Study Report & Health Report(by the medical professional) of the PFAPs are prepared by the professionally trained social workers of the agencies/bodies accredited by the authority.

the child will be authorized to enter & reside permanently & will be treated at par with other natural born citizen of the country.

With reference to every child, it shall send either directly or through its accredited agencies follow-up reports with photographs of the child on a six monthly basis for a period of 2 years. It shall also send a copy of the citizenship certificate order alongwith re-adoption order wherever required to:

1. CARA 2. Court that awarded adoption order in India 3. SARA4. RIPA

In case of any disruption etc. it shall take following appropriate measures as envisaged under Art. 21 of the Convention:

o to inform CARA immediately the disruption & the possibility of child’s placement with a new prospective adoptive parent;

o and where this is not appropriate or possible, to arrange long term care under intimation to CARA;

It shall arrange for the return of the child to India if his/her interest so required due to the disruption.

Central authorities in the receiving countries where ever existing are required to transmit the attested copy HSR in advance to CARA instead of RIPA. Central Authority of the receiving country is required to provide status of Indian children on annual basis to CARA. It shall discharge such other functions as given under Hague Convention on Inter-country Adoption.

4.5 Roles and Functions of CARA

CARA functions as a nodal body on adoption matter in the country include the following:

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a) To act as the Central Authority with regard to Adoption matters as envisaged under the Hague Convention on Protection of Children and Cooperation in respect of Inter country Adoption, 1993 and its reinforce the criteria for accreditation for all such adoption agencies(SAAs), systematize the accreditation methodology, take up training and development activities of these bodies on the rights of the child and adoption and to monitor their activities with periodic supervision.

b) To act as a clearinghouse of information in regard to children available for inter-country adoption as well as for in-country adoption.

c) To receive applications or copies of applications along with requisite documents (as prescribed by the Supreme Court of India in CRL (WP) No. 1171/1982 in the matter of Shri Laxmi Kant Pandey Vs. Union of India and Others) of foreigners desirous of taking Indian children in adoption through a recognized social or child welfare agency known as EFAA in the foreign country or through an organization owned or operated by the Government in that country.

d) To coordinate with the State Governments, SARAs for promoting in-country adoption and all other related adoption matters including regulation and monitoring of its associated agencies such as RIPA and ACA etcs.

e) To recognize/renew the SAAs (RIPA) as accredited bodies for processing inter-country adoption cases.

f) To enlist/renew enlistment of foreign adoption agencies as authorized bodies to sponsor applications for Inter country Adoption of Indian children.

g) To recognize/renew an Adoption Coordinating Agency (ACA) to promote Indian adoption.

h) To issue “No Objection Certificates” in inter-country adoption cases at two stages.

i) To prepare a centralized database of all children in the adoption process and prospective adoptive parents with the help of SARA and ACA for the purpose of establishing central information pool on such children and parents.

j) To inspect and evaluate the working of SAA (RIPA) and SARA directly or through State Governments or any other agency or body constituted for the purpose.

k) To call for annual audited statements of account from SAA (RIPA), ACA and SARA.

l) To call for annual statements from Enlisted Foreign Adoption Agencies on Indian children placed by them in the prescribed format.

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m) To send data on adopted children periodically to Indian Diplomatic Missions abroad in respect of Indian children taken abroad.

n) To receive periodical reports about the progress of the children taken abroad by parents for the purpose of adoption in a Performa prescribed by CARA from all Enlisted Foreign Adoption Agencies (EFAAs) including central authorities/government departments in foreign countries and to take such follow-up action as deemed necessary.

o) To organize and arrange periodical meetings of SARAs/ACAs working in the field of adoption for discussing matters of common interest.

p) To mobilize community opinion and community resources in furtherance of adoption of children in the country itself and take all other measures necessary for the promotion of in-country adoption of children as well as welfare of children generally.

q) To arrange training programmes for social workers of SAAa and other stakeholders engaged in child welfare activity specially in the rehabilitation of children by means of adoption.

r) To enter into bilateral agreement with Foreign Central Authorities wherever necessary as prescribed under the Hague Convention.

s) To liaise with concerned Central Authority/other appropriate Authority, Enlisted Agency and RIPA in case of disruption of a child placed in inter-country adoption and to take action in the best interest of the child.

t) To be responsible for verifying qualification of foreign adoption agencies; proposing concrete qualifying standards of foreign adopters who want to adopt in India; reviewing adoption application and relevant certifying documents submitted by foreign governments or adoption agencies appointed by foreign governments; making regular assessments of inter-country adoption practice of foreign adoption agencies which perform Indian adoption program.

u) To work as a think tank for the Ministry in the matter of adoption and conduct studies and propose recommendations for regulating inter-country adoption practice; develop domestic adoption with the help of SARA and its associated agencies.

v) To develop quality standards and indicators for adoption agencies

w) CARA may levy any recognition/renewal processing fee or any other charges with the approval of the Ministry of Women & Child Development from time to time.

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x) To take suitable action against any RIPA/ACA for any unethical practice in inter-country adoption or violation of the present Guidelines and further.

y) To handle any other matters concerning the foreign adoption work and initiate action on any other activity relating to adoption as a child’s right to a family.

z) The CARA shall prepare an Annual Report on its working and shall submit it to the Ministry of Women & Child Development, Govt. of India.

4.6 Designated Courts

a) In case of all children in need of care and protection, the provision of JJ Amendment Act 2006 will be applicable. The concerned courts are required to allocate particular day of the week/fortnight/month for adoption cases so that adoptive parents do not have to wait long and the cases are cleared expeditiously as directed by the Supreme Court in India in the case of L.K.Pandey vs Union of India(WP No. 1171 of 1982).

b) High courts, district courts, city civil courts or family courts as the case may be are required to dispose off adoption matters under JJ Amendment Act - 2006 expeditiously in the first hearing itself and within a period of 2 months. In case of all adoptions, the affected children will be given the same legal status and rights of inheritance as if they were born to the adoptive parent/s.

c) As per Article 23 of the Hague Convention on Inter-country Adoption, an adoption certified by the competent authority of the State of the adoption as having been made in accordance with the Convention shall be recognized by operation of law in the other Contracting States. The certificate shall specify when and by whom the agreements under Article 17, sub-paragraph c), were given.

4.7 India’s Diplomatic Missions Abroad

Indian Diplomatic Missions abroad, will liaise with concerned Central/Public Authorities to ensure safeguards of children of Indian origin adopted by foreign parents against neglect, maltreatment, exploitation or abuse.

They will receive a statement of all Indian children periodically cleared for adoption by foreign nationals (including NRIs/OCIs/PIOs) from CARA.

Indian Missions will interact with the Foreign Enlisted Agencies and Central Authorities in their area of jurisdiction and help to arrange get together of the adopted children and their parents.

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The Indian Missions located in different countries will play a significant role in the process of Inter-country adoption of Indian children. The Missions will help CARA in maintaining liaison with the different authorities and agencies operating in the countries of their jurisdiction.

While recommendations for fresh enlistment should be made by the concerned Indian Embassy/High Commission only, in case of renewals, the same may be recommended by the Offices of the Consulate Generals and Dy. High Commissions also.

Attestation of Dossier/documents of prospective adoptive parents submitted by the foreign authorities/agencies before the same is sent to CARA, (wherever the 1961 Hague Convention on Abolishing Requirement of Legalization for Foreign Public Documents is not applicable).

In case of Indian passport holders residing in a country where there is no enlisted agency or where they cannot be recommended by the host Govt. as per local laws, the Indian Embassy may authorize a qualified social worker to do the Home Study Report (HSR) and other documentation including Undertaking to send progress reports etc. and send the dossier to CARA with its recommendation.

Whenever a report is received on adoption disruption of an Indian child by a foreign couple, the Embassy should contact the local central authority and other concerned authorities to ensure that the interest of the child is being looked after. A report in this regard should also be sent to CARA at the earliest.

In case the child is required to be returned to India, the Embassy may render necessary help and facilitate the repatriation of the child in consultation with the local authorities, agency and CARA.

The Embassy should communicate any report or observation which it feels is important and relevant vis-à-vis inter-country adoptions to CARA.

4.8 State Government/Union Territories

4.8.1 Licensing of Children’s Homes

The State Governments (the term "State Government" to include Union Territory Administration wherever applicable) shall register suitable children homes as child care institutions (CCI) and further licence/recognise CCIs as SAAs(Special Adoption Agencies) for in-country adoption as per the procedure laid down in the State JJ Rules and CARA Guidelines in force.

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Generally CCIs having basic facilities for infants and young children between 0-6 years may be selected for recognition as SSAs. Where such institutions house older and special needs children say up to 12 years, CCIs must provide all facilities for such children. The mandatory requirement of such agency is that it should have adequate infrastructure and facilities of quality childcare to meet any casualty or emergency situation while the child is admitted into the agency or stays for a short-term. Out of all CCIs, the state govt. may like to recognize few institutions to deal with high-degree special needs children including those suffering from HIV/AIDS, mentally retarded and other hard to place category where experts are available to provide quality care and treatment on long-term basis.

4.8.2 Role and Functions

a) The concerned State Government/UT shall be responsible to enforce standards and measures for orphan, abandoned and surrendered children as envisaged under JJ Amendment Act 2006 and the present Guidelines framing and notification of the State JJ Rules based on National JJ Model Rules 2007, setting up of CWCs in all the districts of the State, promote family based non-institutional care such as adoption, foster care and sponsorship and such other provisions as envisaged under JJ Amendment Act 2006.

b) It shall set up SARA(State Adoption Resource Agency) within the Department dealing with adoption matters or convert its Adoption Cell into SARA by appointing such staff as provided under ICPS. Until SARA is constituted, State Adoption Cell shall perform all designated functions and report to State Government and CARA.

c) State Government shall take regular meetings with SARA and implement such provisions that are required for expansion of non-institutional care including adoption programme in the State, i.e. strengthening the knowledge base, research and documentation, developing a child tracking system, training and development activities, advocacy and communication, monitoring and evaluation related with the programme etc.

d) State Governments may direct all the CWCs working in the States to submit periodical data to SARA relating to adoption matters.

e) The State Government shall take appropriate legal action against persons and institutions including Nursing Homes and Hospitals involved in illegal adoption work.

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f) State Government shall register of all residential institutions housing children as CCIs and for non-compliance of this requirement, it shall take appropriate steps against defaulting agencies/institutions housing orphan and abandoned children for the purpose of institutionalization. Homes not recognised by the State Governments will not be allowed to carry out the function of adoption.

g) Having regard to the fact that adoption is the most preferred avenue for rehabilitation of orphans and destitute children; the State Government shall make specific provisions for its advocacy and draw up a well-formulated media campaign for promotion of adoption. It shall inter alia publish a list of all adoption agencies [SAAs & RIPA] in the state at least once in a year.

h) The State Government shall take all such measures as are deemed necessary to actively encourage in-country adoption of children in preference to inter-country adoption. Special care/efforts shall be made for rehabilitation of children in institutions through placement by adoption. It shall discourage institutionalization of all adoptable children

i) Monitor the adoption programme and the activities of all adoption agencies, ACAs and SARA within its jurisdiction.

j) Enforce the Juvenile Justice(Care and Protection) Amendment Act 2006 or its State Rules to maintain certain minimum standards for child care.

k) It will receive all applications from adoption agencies for fresh recognition as well as renewal of recognition for inter-country adoption. Cases of appropriate SAAs may be forwarded by the State Government to CARA for recognition for inter-country adoption. State Governments should not recommend either new recognition or renewals if they have not permitted the concerned agency to undertake in-country adoption.

l) In case of accredited agencies, the State Govt. after due verification, it will give its clear recommendation along with Inspection Report or otherwise with supporting documents to CARA.

m) It will ensure that the adoption related State JJ Rules based on JJ Amendment Act, 2006 and the CARA Guidelines are adhered to.

n) In case of a report of violation of guidelines by a SAA, the State Government with the recommendation from SARA against it shall take appropriate action after giving it a chance to keep its point of view. Any SAA who is found to promote institutionalization of children when such children can be rehabilitated through non-institutional means, may be de-recognized by State Government.

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In case of a report of violation of guidelines by a SAA (RIPA), the State Government shall inform CARA for taking appropriate action. In case of suspension/withdrawal of recognition by CARA, suitable alternative rehabilitation plans have to be ensured by the State Government for children awaiting adoption through other RIPA.

4.9 State Adoption Advisory Committee: 

In order to promote, implement, supervise and monitor the non-institutional programmes including adoption, foster care and sponsorship at State level, a State Adoption Advisory Committee shall be constituted at every State/UT. The Committee shall be competent to take all important decisions in regard to adoption related issues in the State. The Adoption Advisory Committee will meet quarterly to discuss child welfare measures and ways and means to promote in-country adoption of children and regulate inter-country adoption. Minutes of every meeting shall be sent to CARA. The tenure of such committee will be three years. The composition of this committee shall be as under:

State Advisory Committee on Adoption

Sl. No.

Members No.

Designation

1. Secretary, Women & Child Development or the Administrative Department for Adoption Programme

1 Chairman

2. Director, Women & Child Development or the concerned Directorate for Adoption Programme.

1 Member Secretary

3. Representative of State Health Department 1 Member4. Representative of CARA on invitation 1 Member5. Programme Manager, SARA 1 Member6. Chairperson/Representatives of Adoption Coordinating

Agencies1 Member

7. Representatives of SAA by rotation 2 Member8. Expert in the field of Child Rights and Child Protection 1 Member9. Legal Expert 1 Member10. Representative of CHILDLINE Nodal 1 Member

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4.10 SARA (State Adoption Resource Agency)

In order to support CARA in promoting in-country adoption and regulating inter-country adoption, ICPS shall support setting up of a State Adoption Resource Agency in every State/UT. Such SARA will coordinate, monitor and develop the work of adoption in the State and work as a bridge between State Government and CARA. In fact it will function as state nodal body on adoption matters which will maintain state level data base from the admission level till such children get adoption decree and follow up report for a period of 2 years.

4.11.1 Role and Functions

SARA shall liaise with DCPU(District Child Protection Unit) at District levels and provides technical support to the Child Welfare Committees as and when required.

Its aim will be to work with the sole objective of watching the best interest of children, to make every effort to find a suitable Indian family within the district, state or within the country, ensure that every child shall be offered for the inter-country adoption when all possibilities for placing the child in in-country adoption have exhausted.

All PAPs registration records shall appear in the data bank maintained by SARA, the moment they register with a SAA, ACA and DM in a Distt. the records will be sent to the nodal body immediately.

SARA will separately maintain a list of all such Homes or Agencies handling in-country and inter-country adoptions and will maintain a list of all children who are declared legally free for adoption by the competent authorities in these institutions.

SARA to facilitate matching the list of PAPs with that of available children with the help of SAAs. It has to ensure that no birth mother/parent(s) should be forced to give up their child for monitory or any other consideration.

SARA shall monitor the adoption programme and the activities of all SAAs & ACAs within its jurisdiction.

SARA shall receive at the earliest information from SAA on admission of children, in case of death of any child, legal status and adoption status, adoptive parents registered with the SAA in the given format till online system becomes operational and as such maintain a State level database of all adoptable children and all PAPs.

All state level information compiled by SARA along with children free for inter-country adoption shall be furnished to CARA on monthly basis till online system becomes effective.

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It will coordinate the work of all its Member Agencies and other Child Welfare Institutions in the field of Indian adoption.

It shall call for a periodic meeting of Adoption Advisory Committee at least one meeting in each quarter.

It shall separately register Indian PAPs and prepare a combined list of PAPs from the data available from SAA sources and its own. Before issuing Clearances for inter-country adoption in case of PIOs/foreign PAPs, SARA shall exhaust such list who are in the queue for domestic adoption. The decision of SARA shall be final in cases of in country placements.

If at the end of 60th day, no suitable Indian adoptive parents are found, the SARA will give a Clearance Certificate to the child placed under its assistance after seeing the child and verifying all relevant documents to be placed with foreign adoptive parents. The Clearance Certificate must include a current photo of the child.

In cases where CARA Guidelines are not being followed by any RIPA, the concerned SARA will bring it to the notice of CARA.

The SARA shall undertake programmes for promotion of in-country adoption and involve itself in training and development activities including enforcement of strict criteria on quality childcare, health and hygiene at SAAs. It will take notice of any irregularities or neglect of children and further initimate the State Government or CARA as the case may be.

Besides monthly reporting, all SARAs shall submit to State Government and CARA an annual report including an audited statement of accounts and activities conducted throughout the year.

If there is no SARA in particular state, until the SARA is set-up, the concerned department of State Govt. may discharge all such functions of SARA with the help of ACA.

It shall function as the State level Resource Centre to coordinate, monitor and develop the adoption programme in the State;

It shall facilitate the setting up of SAAs and will provide legal recognition to SAAs and maintain a comprehensive list of such agencies;

It will ensure that all adoptions/permanent placements of children are done in accordance with the Guidelines of the Supreme Court of India and existing policy of Government of India and promote in-country and regulate inter-country adoptions in coordination with CARA;

SARA shall maintain a centralized (state-specific) database of adoptable children with the help of District Child Protection Units, CCIs, SAAs and ACAs;

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It shall supervise the work of Adoption Coordinating Agency (ACA) and Specialized Adoption Agencies (SAA) and ensure coordination between them within State and enhance capacity of those working in the adoption system;

It shall provide comprehensive adoption data to CARA on monthly basis;

It shall suggest necessary punitive action to State Government when malpractices occur in the adoption programme whether by licensed /recognized adoption agencies or by unlicensed individuals or organizations;

It shall carry out all other functions as directed by State Government and CARA envisaged under ICPS(Integrated Child Protection Scheme) and take help of DCPU to carry out its mandate.

Inspection/monitoring of Adoption Agencies

SARA shall call for information and data every month from all SAAs in order to monitor the functioning of these agencies. The data shall be called for in a proforma to be prescribed by the Central Adoption Resource Authority. An annual report and audited statement of accounts shall be received from all Adoption Agencies. Monitoring should include visiting the care settings in which they live, and undertaking investigations into any alleged situation of violation of children’s rights in those settings, on complaint or on its own initiative, recommending relevant policies to State Government, physical and mental status of children etc. SARA has to conduct frequent inspections comprising both foreseen and unannounced visits, involving discussion with and observation of the staff and the children. To the extent possible and appropriate, inspection functions should include a component of training and capacity building for care providers. SARA will periodically and at least once a year, inspect all SAAs in order to verify the following:-

That adoption as an activity is being pursued by the organization as a welfare measure in the interest of children and not as a commercial activity.

That proper record is being maintained for children admitted to the homes.

That the children admitted are provided with quality child care and basic minimum facilities for their care, education and development in the institution or Foster Homes.

That lists of persons interested in adopting a child are being maintained by the organisation regularly.

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That the accounts of the organisation are being maintained and audited annually without delay and that the auditor’s reports confirm that the accounts are fair and accurate; that any organisation which is in receipt of foreign funding is duly registered with the Ministry of Home Affairs and has otherwise complied with the provisions of the Foreign Contributions (Regulation) Act, 1976.

That the organisation is receiving regular progress reports about the well-being of children given in adoption.

That qualified staff having social work experience are employed by the agency/organisation to supervise the care of children or they have access to such staff.

That in the case of children placed in pre-Adoption care/foster care with prospective adoptive parents, the cases have been legalized.

A separate register is kept for children given in pre-adoption foster care in all cases.

That a Central Register of prospective adoptive parents is maintained.

That there are sufficient carers in residential care settings to allow individualized attention and to give the child, where appropriate, the opportunity to bond with one of their number. Carers should also be deployed within the care setting in such a way as to implement effectively its aims and objectives and ensure child protection.

That before a RIPA proposes to place a child in the Inter country adoption, it must apply to the SARA for assistance for Indian placement.

During inspection, SARA has to scrutinize all records and registers as provided in Part V of the Guidelines. Besides, relevant information on sources of the children, referrals to SARA for placement with Indian parents, cross verification of referrals with SARA records, adoption fee received from PAPs, follow-up of children placed in adoption, qualification and motivation level of staff and health conditions of children.

Particularly, SARA has to see about its family preservation efforts, whether unwed mother / pregnant woman are kept in the Home or a separate Home is there for them; if so, whether counseled to keep these children and told of alternatives and support services available; if a child is being surrendered by a parent other than unwed mother, then reasons, and if any other alternative support or counseling has been done etc.

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It shall work for the training and support of professionals, improvement of the quality of child protection services, improvement of the legal framework for intervention in tune with the UN Convention on the Rights of the Child.

In addition to the above, the State Government has to verify the records that are maintained in case of all inter-country adoptions.

Issue of SARA Clearance

SARA will issue clearance for inter-country adoption within 10 days in case of older children above 6 years, siblings or twins and Special Needs Children as per the additional guidelines issued in this regard.

In case the SARA cannot find suitable Indian parent/parents within 60 days, it will be incumbent upon the SARA to issue a Clearance Certificate on the 61st day.

NRI/OCI parent(s) (at least one parent) holding Indian Passport will be exempted from SARA Clearance, but they have to follow all other procedures as per the Guidelines.

The Clearance Certificate (CC) stating that all efforts to find a suitable Indian family for the child within the time frame have been exhausted and hence the child is released for inter-country adoption, shall be co-signed by the Director concerned (DWCD/Social Welfare) and the Chairperson/Secretary of ACA. However, in absence of the Director, the Programme Manager, SARA shall be empowered to be the co-signatory on the Clearance Certificate.

4.12 CWC (Child Welfare Committee)

Composition of the CWC, tenure of the Committee, qualifications of Chairman and members of the Committee, conditions for their selection and disqualifications, allowances, sitting, role and functions, procedure in relation to the Committee and, production of a child before CWC procedure for inquiry, production of a child before the Committee shall be as per JJ Model Rules (2007) or its corresponding State JJ Rules. CWC shall determine legal status of all orphan, abandoned and surrendered children. It shall work as a single window system in case of all such children for declaring children legally free for adoption. However, it will not be involved in placement activities. The procedure in regards to production of a Child before CWC and further its declaration about the Child’s legal status shall be as per Rules under JJ Amendment Act 2007. CWC shall send report on children declared free for adoption to SAAs, ACA and SARA.

Transfer

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The issue of transfer of a child from one to another institution, say from CCI/unrecognized agency to SAA has to be dealt carefully and in such case, an orphan, abandoned or surrendered child for non-institutional care shall be transferred as far as possible to the nearest SAA by an order of the nearest CWC. All other requirements and procedures shall be applicable as provided under the JJ Rules to be framed by State Government or Model JJ Rules-2007. No child can be transferred from one place to another within the state without the consent of concerned CWC.

The CWC shall facilitate transfer of children at all levels for either their restoration to their families or placing the child in long or short-term rehabilitation through institutionalization, adoption, foster care and sponsorship. In such matters, the CWC may be guided by the simple logic that in the best interest of a child, the child needs to be transferred to the nearest SAA. In case the agency has its own unit within the state, such transfer to its own unit only may be permitted after the child is declared free for adoption.

Inter-state transfer can be done with the agreement of both the State Governments through their Directors/Commissioners of the concerned Departments in the best interest of the child with the help of SARA. Transfer of the child should be accompanied by available documents pertaining to its admission, preliminary case history, documentary evidence to prove that the child is legally free for adoption, and a permission letter of transfer of the child. The SAA shall verify all the facts before accepting the child, as it is legally responsible for the placement.

In case in a SAA, a child is not able to find a family within 6 months, in such case the child may be transferred by CWC to the nearest SAA/RIPA in the state for further rehabilitation SARA has to ensure that no orphan, abandoned or surrendered child is institutionalized without adequate reasons.

4.13 Birth Certificate issuing Authority

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Birth registration of a child is mandatory. The SAA has to retain the name of the child if already known or otherwise has to give him/her a new name. Birth certificate shall in case of an orphan, abandoned or surrendered child shall be issued based on court order. In case of a surrendered child, the SAA shall record the exact time and date of birth of the baby before taking custody of the baby. In case of abandoned child, where the date of birth has not been recorded officially anywhere, the Adoption Agency concerned must make an application to the local Magistrate along with any other material which the Adoption Agency considers relevant in the form of an affidavit made by a responsible person belonging to the Adoption Agency. Such information may also be supported by an assessment of the civil surgeon. The local magistrate will then pass an order approving the particulars to be entered in the birth certificate and on the basis of the magisterial order; the requisite certificate will be issued by the local birth certificate issuing authority of the city/town/area where the child has been found. This process shall be initiated only after the adoption is finalized, so that the particulars of the adoptive parents are available for inclusion in the certificate. In case the child has attained the age of three, and the adoption has still not been finalized, the Agency may obtain a birth certificate, if it is found necessary, after informing the court in the form of an affidavit:

That to the best of its knowledge the child has attained the age of three years;

a. That his/her adoption has not been finalized and is likely to take some time or may never be finalized in all probability;

b. That a certificate is required for educational/medical/legal purposes or any other reasonable purpose, which may be specified.

c. That person(s) will stand in as local parents to the child (this person/these persons shall be a responsible person/responsible persons belonging to the agency) till such time he/she attains majority, or is adopted, whichever is earlier. In such cases a second birth certificate may be issued after adoption to provide for a change in the name/names of the child and the adoptive parent(s) after obtaining an order to that effect from the court, which had passed order for issuing the original birth certificate.

d. In the birth certificate itself, the name of the city or village of birth may figure instead of the name of the Orphanage and the name of the adoptive parents may appear as “parents”.

*****

PART-V

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ASSOCIATED AGENCIES: ROLE & FUNCTIONS

5.1 SPECIALIZED ADOPTION AGENCY (SAA)(i) SAA (Specialized Adoption Agency)

In order to facilitate the placement of orphaned, abandoned and surrendered children for adoption, the Juvenile Justice (Care and Protection of Children) Amendment Act 2006 empowers the State Government to recognize one or more of its institutions or voluntary organizations in each district as SAA for placing children in domestic adoption. The SAA shall work under the overall supervision of SARA. In order to run a SAA, a Child Care Institution (CCI) must be registered under the provisions laid down by the Juvenile Justice (Care and Protection of Children) Amendment Act 2006 under Section-34(3). The State Government shall recognize such CCI as SAA under the provisions of Section-41(4) of the Act. A SAA may be an NGO or Government run Home getting grants from central government to place children in domestic adoption or licensed by State Government for such purpose.

ii) RIPA(Recognized Indian Placement Agency)

CARA is empowered to give special accreditation to SAAs to place children in inter-country adoption in accordance with the provisions laid down under Hague Convention on Inter-country Adoption. CARA shall recognize/accredit selected SAAs as Indian Placement Agencies for Inter-country Adoption (RIPA) based on State Government’s recommendation. RIPAs shall function as accredited bodies as per the Hague Convention on Inter-country Adoption 1993.

As per article 11 of Hague Convention on Protection of Children and Cooperation – 1993:

An accredited body shall –

a) pursue only non-profit objectives according to such conditions and within such limits as may be established by the competent authorities of the State of accreditation;

b) be directed and staffed by persons qualified by their ethical standards and by training or experience to work in the field of inter-country adoption; and

c) be subject to supervision by competent authorities of that State in regards to its composition, operation and financial situation.

Role and Functions of SAA

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SAA has to motivate people to adopt, match home study with the child study report possibly by a Committee constituted for the purpose, organize training and development activities to spread awareness about the programme, promote ethics that may include respect for human dignity, respect for moral integrity.

SAA should retain professional social worker/counselor having Master of Social Work or Psychology to deliver best service to the client.

Counselling service to unwed mother/biological parents, older children and adoptive parents should be confidential, complete, appropriate and prompt.

The entire programme of child rehabilitation should be seen purely as a welfare measure and not as a sort of profit. It has to dispel all mis-misinformation related to child adoption, educate and enrich the staff working in the Agency in early childhood care, guard itself against the violations of established norms and rule of law and should have a multidisciplinary team to put holistic approach to the very cause of adoption.

Every SAA shall maintain a separate file for each child with the child's complete case history. Every child should have a Child Study Report, which shall be shown to the prospective adoptive parents. Format of such a report is placed at Annexure- .

SAA may lodge complaint with CWCs and police authorities if nursing homes/hospitals are found involved in Illegal adoptions.

SAA has to carry out such functions as mentioned in the following paragraphs.

Developing good practice

SAA is required to promote non-institutional care and ensure every child’s right to a family. It has to strengthen the family as a unit and prevent family disintegration and develop preventive, supportive, community-based, family-oriented outreach programmes for children in need of care and protection as defined under JJ Amendment Act, 2006.

Determining Adoptability of a Child

A child’s adoptability must be established before a particular matching is considered. Adoptability establishes that a child has no legal claimant. When the child seems legally adoptable because of parental consent, SAA has to ensure that the consent is freely given, without pressure, without material compensation, or otherwise.

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The SAA must counsel and assist the parents of the child to consider alternatives other than adoption, ensure that the parents are informed of the possibility of a future contact in the event of a search for origins by their child and in such cases, the biological parents would be required to cooperate with the SAA to meet the child.

Online/monthly Reporting

SAA is required to submit at the earliest child status report to the concerned ACA, and the State Adoption Resource Agency or the State Adoption Cell in the given format (Annexure-------) till online database system become operational.

Counselling at 3 different levels

Counseling of biological mother/parent/s about the effect of adoption and about possibility to retain the child has to be seriously pursued by the SAA. Parental consent (and especially that of the mother) must not be given before birth. Throughout pregnancy and during the reflection period, it is very important to provide psychosocial and economic support services to the parents to reduce the risk of abandonment. In case of prospective adoptive parents, counseling must be completed before Home Study Report is prepared to make them understand about in the whole process. For adoptive parents and older adoptees, post adoption counseling seems unavoidable by professional social worker/counselor.

During counseling sessions, the Professional Social Workers (PSWs) need to work on emotional readiness of couples aspiring to adopt, acceptance of adoption as an alternative way of building a family, parenting and disciplining, sharing the fact of adoption and child's needs to search for roots coping with childlessness and infertility, stability of marital relationship, bonding and attachment with a child not biologically related, concern about the child's social background and genetic factors, issue of selecting the child and issues such as secret adoption etc.  

Preparation of CSR & PER

The CSR shall be prepared by professional social workers or experienced personnel of the adoption agency while PER shall be prepared by a physician/pediatrician attached to the SAA. The identity of the child, his/her parents and extended family, if the child’s parents are unknown, a search should be made to trace them. The situation of the child’s birth family - immediate family (parents and siblings), and extended family (grandparents, etc.), their socio-economic situation, nature of relationships between relatives, relationships with the social environment, main difficulties, positive factors, etc. should be documented in the Child Study Report(CSR). It must present a complete picture of the child and his/her social background and more information about birth family so as to enable the PAPs to take informed decision. It should also contain the child’s past, in as much detail as possible, about the stages of his/her personal and family history, ethnic and religious upbringing.

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A formal Child Study Report (CSR) has to be prepared as prescribed in each case once the child is legally free for adoption. The medical file on the child’s history, state of health, and his/her birth family’s antecedents shall include in the PER in the prescribed format (Annexure – C).Preparation of HSR

An adoptive family’s HSR shall be prepared by professional social worker or competent person (see Annexure- D). PAPs must complete counselling sessions offered by the SAAs through which the PAPs shall be made aware of the right of the child to know that he/she has been adopted and about his/her antecedents, how they can handle any adjustment problem. PAPs shall be advised to contact Adoptive Parents Associations, adoptive families and older adoptees to understand the entire process of adoption and how to support the adopted child. Pre-placement Preparation

Adoption will satisfy the interests of all parties, only if adequate preparation permits each person to understand the short and long-term implications of adoption on his/her life and on the child’s life. When children, particularly older children, are matched for adoption, they shall be appropriately prepared for the actual adoption placement which shall include counselling and support to enable the child to comprehend the concept of adoption, adequate introduction to the PAP and the child through photographs, video, personal contact and letters etc. If possible, the children may be taught the language of the adoptive parents.

Post-adoption support

SAA must make itself ready to deal with any related issue on post-adoption support services for older adoptees and adoptive parents to answer questions and unravel or resolve any problem, which might arise.

Right to confidentiality

The child, the birth parents and the adoptive family have the right to confidentiality and to respect for their private lives. Access to their file will be strictly controlled and will not be made available to a wide and unspecified public through channels such as internet. Only authority like SARA or CARA or Court shall have access to such confidential information in the interest of children. Search for origins

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Children have the right, if they feel the need and when age and maturity permit, to know their history, especially information relating to their birth mother and father, and siblings, wherever possible. It is essential to have this information gathered and preserved. In such cases, counseling support is necessary for dealing the issues related to search for origins. This right may be difficult to respect in the case of unwed mother who does not want to be contacted.

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Priority to domestic adoptions

Wherever possible, the child in alternative care should be able to remain in his/her cultural environment; within his/her community or region of origin and SAA has to comply this requirement in each case.

Court Procedure

The application for Adoption along with the documents submitted by the Adoptive parents/parent, the child study report and PER duly accepted by the PAPs, copy of the CWC Certificate, Home Study Report and other required documents shall be filed before the respective Family Court / District Court /City Civil Court as the case may be, by the SAA.

Separation of Siblings

Siblings with existing bonds should not be separated by placements in alternative care, unless there is a clear risk of abuse or other justification in the best interests of the child. In any case, siblings should be enabled to maintain contact with each other, unless this is against their wishes or interests. In cases where siblings needs to be separated, permission from SARA is required.

Record Keeping

Each child should have a personal file where all relevant information may be made available; information in child’s files is updated as needed; children’s records are not accessible to unauthorized persons. The SAA shall keep all relevant information such as declaration by CWC, surrender deed of the biological parent/s, CSR, PER. HSR, birth certificate, court order and progress reports etc. in the personal case file to be maintained in each case. As far as possible, a child’s complete records may be scanned, microfilmed and preserved both by SAA and SARA for such period as prescribed. SAA shall maintain the following records and registers:

(i) Master Admission register – All details pertaining to the child including its arrival, date of birth, procedure for making the child legally adoptable, pre adoption foster care, adoption and post placements etc.(Annexure E)

(ii) Attendance register of the children and staff

present.

(iii) Register of prospective adoptive parents with details.

(iv) Register of children showing their arrival,

departure, admission into hospitals, return to their parents and death, if any.

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(v) Medical case file of each child and individual case files. Each file should contain the immunization chart and medical history etc. Wherever possible medical records of the biological parents shall be maintained.

(vi) Registers pertaining to maintenance of the Home.

(vii) Monthly reports in the prescribed format. (Annexure–F)

(viii) Follow-up register of children placed with adoptive family prior to legal placement and after legal placement.

(ix) The annual report of the organization together with the necessary details and statistics.

(x) Registers pertaining to vouchers, cash book, ledger – expenditure statement, Annual Accounts, Payment registers, records of Minutes of Meetings, Grants Utilization Register and Audited Statement of Accounts.

(xi) Promotional activities.

(xii) Separate register for NRI/OCI and foreign parents to be maintained by SAA (RIPA).

(xiii) Follow-up reports shall be kept in individual case files.

(xiv) Annual Report of the organization clearly reflecting its adoption and other social and child welfare activities.

(xv) Efforts for making family preservation efforts and adoption priorities as provided under the Guidelines

(xvi) Other records stipulated under Society’s Registration Act, Trust Act and State JJ Rules.

Preparation of a Life Book

A life book should be created as soon as a child enters an institution, to record his/her experience including photo album of the child, to collect the history and details of the child’s lifespan in the interests of the child and his/her future adoptive family. This book will form part of the file to be handed over later to the family with whom the child is placed.

Adoptive Eligibility and Suitability of Parents

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SAA shall determine the adoptive eligibility and suitability of parents from the HSR and the counseling sessions before a specific matching is considered. The PAPs should be able to provide a loving and caring environment for the child who has, in most cases, lived through traumatic experiences, i.e., death or incapacity of birth parents to take care of him/her, an insecurity in his/her attachment to adults, prolonged periods of institutionalization, hardships, etc. It is very important that PAPs have access to systematic and thorough preparation for adoption, preferably before the assessment of their adoptive capacity.

Birth Certificate

The SAA shall make every effort to get birth certificate for the child from the competent authority. It has to approach such authority with all relevant documents.

Transparency

It shall not conceal any facts except those documents treated as confidential and shall maintain utmost transparency and work in the spirit of child care hierarchy options as provided under the Guidelines. It will display any prescribed adoption fee on its notice board and issue a receipt in case of any payment received. It shall inform on day-to-day basis about the admission of children to such authorities like CWC, concerned ACA and SARA besides sending regular monthly statement.

The follow-up of children placed in domestic adoption will be as follows:

1. If any pre-adoption foster care is affected, there shall be regular monitoring and evaluation of the foster care. A professionally trained social worker shall visit the family regularly.

2. The copies of the follow-up reports of the children shall be submitted by the SAA to SARA.

3. SAA shall ensure that legal adoption is effected at the earliest, thereby safeguarding the interest of the child.

4. After legal adoption, the SAA shall maintain a follow-up with the family for a period of 2 years.

5. Post-adoptive counseling shall be provided by the agency to the adoptive parents and the adoptee as and when required.

Centralized Database

SAAs shall be part of the regional pool of information on total number of children and total number of prospective adoptive parents to be maintained by SARA/SAA and it has to cooperate with SARA/ACA in case any PAP is referred by it for adoption. In case the SAA has a difference of opinion to offer a child to particular PAP referred by SARA, the decision of SARA shall be final.

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For Biological Parent/s

a) Professionally qualified workers shall offer biological parents social work services.

b) No commitment to an adoption plan should be permitted before the birth of the child. If the parent/s decide to relinquish the child for adoption, they shall be helped to understand all the implications, including the possibility of adoption by foreigners and of no further contact with the child. After allowing parents a reasonable time to consider any decision to relinquish a child for adoption, the decision should become irrevocable. A period of two months has been fixed as the reconsideration period.

c) Parent/s surrendering the child should be encouraged, to provide information about the child’s background and development, and their own health.

d) It is the responsibility of the agency to ensure that when the parent/s relinquishe a child for adoption, all of the legal requirements are met.

e) If the parents state a preference for the religious upbringing of the child, these wishes shall be respected as far as possible, but the best interest of the child will be the paramount consideration.

f) There must not be any promise of or any direct financial support to biological parents, which could influence their decision to give up their child for adoption.

g) The confidentiality of unwed mother/biological parents should be preserved.

h) Biological parent/s shall not be coerced into making any commitment to an adoption plan prior to the birth of the child.

For Children

a) SAA has to ensure that the child is legally free before placement and in no case the agency will contact any PAP before the child is free for adoption.

b) In case of a child with disability/ health problem and the prospective adoptive parents are willing to accept, then a document stating the disability / health problem and that they are aware of the problem and are willing to accept the child shall be obtained.

c) Placement of girls with a single male is not allowed as also placement of children with homosexual and lesbian couples / singles.

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d) Siblings and twins shall be placed in the same family. Brothers and sisters and other children who have been cared for, as siblings should not be separated by adoption placement except for special reasons.

e) The source of children has to be confirmed and all legal formalities have to be completed while the children are admitted into the institution.

f) All efforts have to be made to restore the children back to their parents as soon as the children are admitted in the institutions

g) All admissions and deaths should be reported to CWC and SARA and other appropriate authority.

h) Before any adoption placement is finalized, the child concerned shall be consulted in a manner appropriate to his/her age and level of development.

i) The child has a right to its ethnical identity and the agency is responsible for informing the parents about this fact. Particularly in inter-country adoptions, a child has a right to its ethnic identity and to information about its country of origin. The adoption agency is responsible for procuring available information about the child’s background, and for giving the child/adoptive parents access to this and it should wisely handle any situation pertaining search of roots. The agency should also keep copies of such written information for unlimited time.

j) The adoption agency of the sending country has to see that the child has a safe journey to the receiving country.

k) All children should be protected against child abuse or neglect during their stay in the institutions.

l) Consent should be taken from older children who are in a position to speak out.

m) SAA will maintain the confidentiality of the child’s origin, his or her parents.

n) Physical, nutritional, medical, psychological, special care for children with special needs, pre-adoptive foster care and education and recreational activities etc. should be available to a child in need of care and protection. All admitted children should under go HIV Test excluding other immunization requirements.

For Adoptive Parents

a) The prospective adoptive parents should be given very warm response and registered and their home study reports may be completed expeditiously

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b) The adoptive parents within the country should be continuously updated about the status of their applications. In case of inter-country adoption, waiting parents have to contact their sponsoring agency/authority for updates.

c) The adoptive parents should receive information about the medical and social history of the child and some background information about the biological parent/s if possible.

d) Home Study Report shall be prepared by professional worker (or experienced personnel who are supervised by such qualified workers) to indicate the basis on which the applicants were accepted as prospective adopters.

e) At no point of time, neither the foreign agencies nor Indian adoption agencies should demand more processing charges or donations which will give a wrong signal to the whole programme. This programme should be seen as a purely welfare measure and not a sort of profit.

f) Total transparency has to be maintained as far as adoption fees are concerned. Adoption fees approved by competent authority should be charged through EFAA/CA. For all adoption related expenses, receipts should be issued to the concerned.

g) All cases of single parents will be “specially” scrutinized.

h) Both adoptive parents have to sign the Child Study Report.

i) The PAPs should be advised to have the child assessed by their own doctor in case of doubts.

j) The parents should sign the child custody form.

k) Both parents have to sign the indemnity/ undertaking.

l) In case of domestic adoption, NRIs and OCIs, the PAPs may be allowed to take physical custody of the child on pre-adoption foster care signing a Foster Care Affidavit only when case is filed in the Court.

m) There can’t be any direct adoption of orphan, abandoned and surrendered children by any PAPs and all such adoptions shall be through recognized/enlisted agencies as defined under the Guidelines

n) SAAs are required to extend post adoption services in case of PAPs living in India.

5.2 ADOPTION COORDINATING AGENCY (ACA)

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ACAs are basically set up to promote domestic adoption in the country and work for strengthening family. There may be an Adoption Coordinating Agency (ACA) in a State or in special circumstances more than one ACA in a State having more adoption agencies to carry out the functions prescribed under the Guidelines and as assigned to it by SARA or CARA from time to time. In case there are more than one ACA in the State, the State Government will recommend to CARA a nodal ACA to work with SARA. No organization can function as an ACA as prescribed in the Guidelines without valid recognition from CARA.

Programmes and Activities:

The programmes and activities of each Adoption Coordinating Agency shall include:

(i) To support SARA in coordination, monitoring, supervision and development of adoption programme in the state;

(ii) To coordinate the adoption activities of the SAAs within its jurisdiction;

(iii) To maintain and share with SARA/CARA the list of admitted children, children legally free for adoption, children given in adoption and special needs children and list of PAPs on day to day basis through an online adoption entry system;

(iv) To assist SARA in issuance of Clearance Certificate for inter-country adoption of a child after ensuring that adequate efforts have been made to find a family within the country;

(v) To carry out advocacy and awareness for the popularization of the concept of in-country adoption;

(vi) To assist SARA in sensitization, training and capacity building of all adoption functionaries

(vii) The ACA will make all possible efforts to place a child in in-country adoption through inter-CA coordination;

(viii) To work with SAAs to provide counseling and prepare Home Studies for the Indian parents directly registered with them and to refer registered PAPs to the SAA for Adoption;

(ix) To assist SARA to do follow-up of the children given in adoption by the SAAs;

(x) To work in tandem with the concerned child welfare department, SARA, CARA, Health, Childline and Registrar of Births and Deaths for policy and programme convergence for the benefit of children;

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(xi) To undertake documentation and research on adoption to facilitate policy formulation;

(xii) To furnish Inspection Report about the SAA as and when requested by SARA/CARA;

(xiii) To assist SARA to work in coordination with the Health Department of the State Government and other agencies for combating illegal adoptions that might be taking place directly from the Hospitals & Nursing Homes or other organizations within its jurisdiction;

(xiv) It will coordinate the work of all its Member Agencies and other Child Welfare Institutions in the field of Indian adoption;

(xv) It shall call for a periodic meeting of Members as per the Memorandum and at least one meeting in each quarter;

(xvi) It shall receive details of children who are being sought to be made free for inter-country adoptions from SAAs and ensure that the priority laid down by the Hon’ble Supreme Court on adoption within the country is adhered to;

(xvii) It shall register prospective Indian adoptive parents and prepare the HSR of prospective Indian parents where necessary;

(xviii) It shall also receive an updated list of prospective adoptive parents from Member Agencies;

(xix) In cases where CARA Guidelines are not being followed by any recognised/licensed agency, the concerned ACA will bring it to the notice of SARA and CARA;

(xx) The ACA shall promote observance of quality childcare, health and hygiene at placement agency. Any irregularities or neglect of children should be reported to SARA and CARA;

(xxi) All ACAs shall submit to SARA and CARA an annual report including an audited statement of accounts and activities conducted throughout the year;

(xxii) Any other activity that may be assigned to it by the Central Adoption Resource Agency (CARA) or SARA from time to time.

Membership of ACA

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All the SAAs are required to become members of an ACA and SARA. Child welfare agencies, which are not placing children in adoption but are running Homes for children etc. would also be eligible to be members of the ACA. Any agency de-recognised by CARA or de-licensed by the State Government shall cease to be a member of an ACA/SARA and it shall not be eligible for membership of an ACA/SARA unless it is once again recognised or licensed. Adoptive Parent Associations shall also be eligible for membership. Individuals with expertise in adoption/child welfare may be enrolled as members. The above will constitute the General Body of the ACA.

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Structure of ACA

There shall be an Executive Committee for managing the affairs of an ACA. The Executive Committee shall consist of not less than 7 members. Only ACAs recognised by CARA can carry out the functions envisaged in these Committees. Where there is no ACA existing, reputed Child Welfare organisation or an academic body can function as ACA in accordance with existing Guidelines for ACA formation. CARA, in consultation with State Government, may identify such an organisation not involved in adoption placement work. However, its recommendation as an ACA shall come through the State Government if all other conditions are met.

The office bearers of the Executive Committee of an ACA will consist of a Chairperson, Secretary and Treasurer who shall be elected from and by the General Body of Members of the ACA for a term of 3 years. Office bearer shall not hold office for more than one consecutive term.

The tenure of Executive Members will be for a period of 3 years. The Executive Committee shall consist of the following Members:

1. Chairperson, Secretary, Treasurer;

2. One representative of the State Government not below the rank of Assistant Director;

3. One representative of the Scrutiny Agency/Agencies working in the jurisdiction of the concerned ACA;

4. One representative of the agencies exclusively involved in Indian adoption (SAA);

5. One representative of the Recognised Indian Placement Agencies (Inter-Country) wherever existing;

6. One representative from Adoptive Parents Associations, wherever existing;

7. One representative from the Deptt. of Health, State Govt.

8. One representative from the Academic Community preferably from the field of Social Work/Law/Child Development without any direct link with the adoption agencies.

The representation from Points 2 to 7 shall be on a rotation basis wherever there are more such agencies/organizations.

The Executive Committee of an ACA may appoint staff to carry out the day-to-day functions of the ACA. Such paid staff would be accountable to the Executive Committee.

5.3 EFAA(ENLISTED FOREIGN AGENCIES FOR ADOPTION)

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Foreign Agencies to apply to India’s Diplomatic Missions

A foreign social/child welfare agency desirous of sponsoring applications of foreign adoptive parents for adopting an Indian child shall make an application for authorization to CARA through the Office of Indian Diplomatic Mission in that country and only such foreign agencies enlisted for this purpose by CARA shall undertake this activity.

Criteria for Enlistment of Foreign Agencies

The criteria for enlistment/authorization of foreign agencies by CARA for the purpose of inter-country adoption are as under:-

It will be an Agency duly registered under the relevant law of the concerned country and should be recognized/ licensed by the appropriate authority of that country to undertake inter-country adoption.

It must have been duly accredited and authorized by the Competent Authority under the Hague Convention on Inter-country Adoptions, 1993 (wherever applicable).

It will submit the Memorandum, Mission statement, copies of Registration status, latest license issued by the concerned Government authority to undertake domestic and International Adoptions, list of Board/Executive Members and list of countries it is working with.

It shall be a child welfare agency with an established standing in this field and it must be staffed with qualified social workers who have experience in the field of adoption. It shall submit the activities of the organization, Annual Reports for the last 3 years, list of staff with qualification and accounts for the last two years.

The agency shall run on a non-commercial and non-profit basis and shall provide an annual statement on payment made on account of fee for adoption and donations separately to the Indian agencies.

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An undertaking by the enlisted foreign adoption agency that in case of disruption of the foreigner's family before adoption is effected or in case the child is not properly looked after or is mistreated or abused in the adoptive family, it will undertake responsibility for the care of the child under intimation to the Indian Diplomatic Mission, the Central Adoption Resource Authority, SARA the concerned SAA (RIPA) immediately with full details and action taken for care and protection of the child. This shall include finding a suitable alternative placement for the child with the concurrence of the SAA (RIPA) and CARA. In such a case wherein the child is being repatriated to India either to his/her biological family, or to the SAA (RIPA) or to any other organisation, CARA should be consulted. All Social and Medical Reports should be furnished. The legal status of the child, his/her rights of citizens in the foreign country and the adoptive parents legal liabilities should be stated. A care plan for the child will be worked out and CARA or any other organisation authorized by CARA will monitor the well being of the child. All cost including repatriation and after care will be met by the Enlisted Foreign Adoption Agency.

The Head/Chief Executive of the Organisation should be willing to sign a written undertaking to follow the Guidelines, to send progress reports as required, to send a copy of the adoption decree wherever required or citizenship certificate.

Central Authorities need not to apply for enlistment with CARA. Such authorities who are members of the Hague Convention on Inter-country Adoption – 1993 are automatically eligible to sponsor application of PAP.

Procedure for Enlistment

(i) A foreign social/child welfare agency desirous of sponsoring applications of foreign adoptive parents for adopting Indian children shall apply for enlistment to CARA, through the office of India's Diplomatic Mission and the Government of the country where it is located.

(ii) On the recommendation of India's Diplomatic Mission in the country concerned, CARA shall examine the application for enlistment and consider the agency concerned for enlistment provided it fulfils the criteria stated above.

(iii) A foreign adoption agency may be enlisted for a period of 5 years.

Renewal of Enlistment

The enlistment would be renewable for 5 years subject to satisfactory performance and fulfillment of terms and conditions attached to its enlistment.

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Every EFAA should apply for renewal of enlistment to CARA through the concerned Indian Diplomatic Mission, 6 months prior to the date of expiry of the previous recognition.

De-enlistment

Central Adoption Resource Authority, may at any time de-enlist any Enlisted Foreign Adoption Agency for adoption for valid or legitimate reasons to be recorded in writing. However, if at the time of de-enlistment, there is any case under process that would be allowed to be completed unless CARA decides it will not be in the best interests of the child to do so. Non-submission of regular progress reports can lead to de-enlistment.

Follow-up Report

The follow-up of children placed in inter-country adoption will be as follows:

(a) The EFAA/Central Authority with reference to every child, shall send, follow-up reports with photographs of the child on a six monthly basis for a period of 2 years or until such time as the legal adoption is completed and citizenship is acquired in the receiving country, to

CARA SARA Indian Embassy Concerned RIPA

(b) The EFAA/central authority will forward a copy of the legal adoption order of the appropriate Authority wherever required and copy of the citizenship certificate in that country as soon as it is made, to the above.

(c) In case of disruption in the family or on account of the adoptive parents failing to get adjusted to the behaviour of the child or otherwise, the foreign EFAA/CA which has processed the adoption of the child in the receiving State should immediately withdraw the child from the adoptive parents and keep the child in its custody and care and find out new adoptive parents for placement of the child in adoption as soon as possible. In such cases, the EFAA/CA shall immediately inform CARA, Indian diplomatic mission abroad

EFAA or Central Authority in the receiving country may arrange get-together of children of Indian origin and their adoptive families from time to time and may also involve concerned Indian Diplomatic Missions.

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5.4 OTHER STAKEHOLDERS

Adoption Scrutiny Agencies (ASAs)

It is open to the Court to seek assistance from the Indian Council for Child Welfare or the Indian Council for Social Welfare or any of its branches/any independent, reputed and officially recognized Child/Social Welfare Agency for scrutinizing the adoption applications with a view to ensure the welfare of the child. Such agencies ought to scrutinize all relevant papers within a period of 15 days of receipt of dossier. Fees charged by such agencies shall be regulated by CARA.

Adoptive Parents Association

Such associations exist in different parts of the country with the objective to promote legal domestic adoption involving themselves in organizing get-togethers of adoptees. Adoptive Parents Associations also render counselling services to older adoptees and prospective adoptive parents. Such associations at the state level may be recognized by State Government to work for the rights and safeguards of all adopted children and promote domestic adoption in the country. State Government may develop suitable criteria to recognize such bodies.

CHILDLINE

CHILDLINE has key role for children in distress, especially children in need of care and protection so as to provide them medical services, shelter, rescue from abuse, counseling, repatriation and rehabilitation. CHILDLINE is a 24x7 emergency phone outreach service for children in need of care and protection linking them to long- term services for rehabilitation. It plays meaningful role in rescuing children from neglect or stressful situation for their protection and rehabilitation. It is an important service particularly for infants and young children who are abandoned or deserted and come in contact with Childline. In such cases, it will inform immediately to concerned CWC, CCIs and SAAs for their protection and rehabilitation. It may take the help of local police or civil society in such efforts. Police and Local Authority

All information about abandoned cases shall be received by local police station as soon as they are located. Who ever gets information about such case/,s shall inform the local police station either directly or through a CCI/SAA. On receiving information about such child from sources other than CCI/SAA, it shall immediately inform the CWC. The Police would register a case and inform the CWC or CCI/SAA take necessary steps to gather all possible information about the background of the child. The juveline police unit shall make inquiry in case of all such abandonment cases and complete its inquiry process as prescribed .

Hospitals & Nursing Homes

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Hospitals and nursing homes shall not engage themselves in any kind of adoption of any child and such act will entail criminal prosecution. In such cases, the license of the Nursing Homes as well as that of the medical officer involved shall be cancelled by the competent authority. Any abandoned or surrendered child in Hospital and Nursing Home shall for the purpose of adoption be transferred by the Hospital/Nursing Home to the nearest SAA by an order of CWC. Hospitals/nursing homes may take the help of Childline or local police while contacting adoption agencies.

Birth Certificate issuing Authority

The adopted child shall have a birth certificate when the legal adoption process is completed. A copy of the Certificate must be retained by the SAA.

RPO(Regional Passport Office)

SSA(RIPA) has to apply in the Regional Passport Office for obtaining an Indian Passport in favour of the child. The concerned Regional Passport Officer may issue the Passport within 10 days.

VISA

Thereafter, the VISA entry permit for the child may be issued by the Consulate/Embassy/High Commission of the concerned country provided in case of all unrelated adoptions after examining the following documents :

Role of Biological Parents, Community & Civil SocietySeparation of child from the biological parents is the most vulnerable status of a child. Child maltreatment is the antithesis of what many consider to be appropriate behavior toward children. It conveys disrespect for the value of human life. Biological parents, relatives, neighbours, members of civil society and NGOs are key role players to avoid any possible case of abandonment. NGOs need to instill in parents (and future parents) the qualities that make parents responsible, loving and caring parents. SAAs need to involve community and civil society partners in the process as it is more a case of moral and ethical issues.

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PART-VIPROCEDURE FOR ADOPTION

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6.1 The primary aim of adoption is to provide a child a permanent substitute family who cannot be cared for by his or her biological parents. Adoption for orphaned, abandoned and surrendered children shall be resorted to for the rehabilitation of children expeditiously the moment such children become legally free for such purpose.

6.2 Classification of Children and related Procedure

Surrendered Child

A surrendered child is he/she who is relinquished on account of physical, emotional and social factors beyond the control of the parent/guardian. Such a child is born as a consequence of non-consensual relationship or born of an unwed mother/out of wedlock or a child where one of the biological parents is dead and the living parent is incapacitated to take care or where the parents/guardians are compelled to relinquish him due to some unavoidable reasons.

Psychosocial services shall be offered by professional qualified social workers or experienced personnel during surrender process. Parent/s who relinquish their child for adoption, shall be helped to understand all the implications and made aware of the fact that adoption means severance of all legal, social and personal ties with the child. Parent/s should be persuaded to give information about their own background and medical history and the child’s background, health and development. They must be made aware that it is within the child’s rights to have access to identified information, which may be necessary for the child’s well being.

In case of surrendered children, SSA will take custody of the child only after completing due counseling to the biological mother/parents or as instructed by the CWC. All surrenders have to be finalized in front of CWC member/s.

Serious efforts shall be made by the SAA and the Committee for counseling the biological parents, explaining the consequences of adoption and exploring the possibilities of parents retaining the child. If, the parents are unwilling to retain, then, such children may be kept initially in family foster care or may benefit from sponsorship scheme.

The adoption agencies shall wait for completion of two months reconsideration time given to the biological parent or parents after surrender.

After due inquiry, the Committee shall declare the surrendered child legally free for adoption after a sixty days reconsideration period is over. The surrender document should be executed at the free will of the

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biological parents/parent with no compulsion, payment or compensation of any kind by the adoption agency. If the biological parent/s state a preference for the religious up- bringing of the child, their wishes should be respected as far as possible. But ultimately the interest of the child should be the sole guiding factor before the child is placed in adoption.

The parent/s should be informed by the SAA of his/her/their right to reclaim the child within 60 days from the date of surrender. He/She/They should be made aware that after the period of 60 days the surrender documents will become irrevocable and the child will be considered free for adoption and the SAA will be free to place the child in adoption.

Biological parents can not surrender a child directly to any non-relative couple for the purpose of adoption.

No Agency will directly or through agents, attempt to induce biological parents with monetary and other incentives to surrender their children.

The surrender document should be executed on prescribed stamped paper in the presence of two responsible witnesses of whom one should be responsible person who is not an employee of the organisation. A Notary/Oath Commissioner shall also sign the documents. The SAA should be able to produce these witnesses if necessity arises. The responsibility for ensuring the authenticity of the surrender document would rest on the SAA. In case of a minor surrendering a child, the signature of parents/relatives of the minor should be obtained, one of whom should be the person accompanying the minor. The SARA/CWC may cross check any surrender document in case of doubt. During the surrender process, the SAA should ensure that:

a) If a child is surrendered, both parents sign the relinquishment document and in case a parent/s is dead, proof of death is furnished. Where a death certificate is not available, a certificate from the Sarpanch/Panchayat/Govt. Authority should be made available.

b) In case of a single mother, only she herself and none else, surrenders the child.

c) Where both biological parents of the child are dead, he or she can be surrendered by guardians/relatives.

d) When a child is born to a married couple but is surrendered by one biological parent and the whereabouts of the other are not known, every effort shall be made to trace the other parent and decision of the CWC will be final in such cases.

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e) If the document of surrender is considered invalid/incomplete, the procedure will be followed as in case of an abandoned child.No child above seven years who can understand and express his opinion shall be declared free for adoption without his/her consent. This is also applicable in case of an abandoned child.

Abandoned/deserted Child

An abandoned/deserted child is such child who is found in a hospital/nursing home or any place unclaimed or is dropped in a cradle as defined under the JJ Model Rules, State JJ Rules which is based on JJ Amendment Act 2006.

6.3 Procedure relating to Child

6.3.1 Admission of Children

Who ever finds an abandoned child (as defined under JJ Act), has to refer it preferably to the nearest local SSA/CCI, Child Line, local police or such other responsible person as available.

Whenever intimation is received by the police about an abandoned infant, the police shall take charge of the infant and arrange to provide immediate medical assistance and care. Subsequently, the child shall be placed in a SAA/CCI or in a pediatric unit of a Government hospital followed by production of the child before the Committee within twenty-four hours.

All Children admitted by a SAA/CCI shall be entered in the Master Admission Register with all the available information in the format prescribed at Annexure-E. On admission of the child, the SAA shall give a name to the child (if not already have), record a brief social background of the child, record identification marks of the child, record height and weight of the child, conduct medical examination of the child and file an FIR within 24 hours, if the child is abandoned and get the child photographed.

Any orphan, abandoned or surrendered child residing in unrecognized homes, shall for the purpose of adoption be transferred to the nearest SAA by an order of the Committee.

A list of all children and newly arrived children should be sent to the SARA, ACA, CWC or other Competent Authority on monthly basis. Wherever possible, online database may be maintained. In case of the death of any child in the Agency, the same has to be immediately intimated to the SARA, ACA & CWC.

Each SAA shall maintain a separate file for each child with the child's complete case history. Further, the specific details of surrender, the belongings of the child left by the biological mother and other required information related to the child should be maintained/documented.

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6.3.2 Reporting

An orphan or surrendered or abandoned child must be reported to the local Police, District Child Protection Unit, CWC, ACA, SARA in the prescribed format as early as possible but not exceeding 24 hours.

6.3.3 Production of Child before CWC

CCI/SAA shall produce all such children who are to be declared legally free for adoption before the Committee within twenty-four hours of receiving such children, excluding the time taken for journey. A copy of the FIR shall also be enclosed. A child becomes eligible for adoption when the Committee has completed its inquiry and declares the child legally free for adoption. In exceptional cases, the CWC may allow flexibility to a SAA to produce a child at a later date. In case the child happen to come from a CCI, CWC shall order its transfer to a local SSA.

CWC may pass necessary instruction for a child to be shifted to nearest SAA /CCI having adequate quality childcare or a fit person if it comes to the conclusion that by doing so, the best interest of child can be met. In case CWC is approached directly in such cases, it shall instruct the local SAA/CCI to provide immediate care till further orders. SAA is bound to comply with the orders of CWC in such situations. However, CWC will not involve itself in placement decision.

6.3.4 Efforts by SAA for family preservation

SAA shall make every effort for family preservation as provided in Part-II of the Guidelines. There shall be a declaration by the SAA, stating that there has been no claimant for the child even after making notification in at least one leading national newspaper and one regional language newspaper for children below two years of age. For children above two years, an additional television/radio announcement and notification to the missing persons squad/bureau shall be made within a period of sixty days from the time when the child is found

6.3.5 Commitment of Children through CWC*

All such children shall be committed through CWC to SAAs, which will maintain a database of all children category-wise, and efforts made to restore such children. Efforts for restoration and preservation of family efforts and further declaring the child legally free for adoption will be followed as per procedure laid down in JJ Model Rules/State JJ Rules based on JJ Amendment Act 2006.

*Where there is no CWC functioning, the District Collector shall be empowered to issue the Certificate declaring a child legally free adopting such procedures as applicable in case of CWC.

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6.3.6 CWC shall declare a child free for adoption on completion of a period of 2 months in case the child is below 2 years and in case of older children, CWC shall issue such certificate within a period of 4 months after conducting due inquiry.

6.3.7 Priority to In-country Adoption

All the adoption agencies (SAAs) will give priority to In-country adoptions so that every child gets an opportunity to find a family within his/her own cultural milieu. The authorities and agencies involved in adoption shall comply the timeline mentioned here below:

Timeline for Adoption Placement

Authority/Agency involved

Procedure Duration

Category of children

CWC Child to be legally free for adoption

2 months

2 months

4 months

In case of surrendered children

In case of abandoned/deserted children below 2 years

In case of abandoned/deserted children above 2 years

RIPA, ACA & SARA

Efforts for domestic adoption including adoption for NRIs and OCIs

2 months All above category of children

SAA (RIPA), SARA & CARA

Children available for prospective PIOs and Foreign Parents

Expeditiously

All above category of children

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*CARA accredited Agency

6.3.8 Documentation of efforts

Each SAA will keep a complete record in chronological order of the efforts made for locating Indian parents. The reasons for non-placement of a child in in-country adoption should be recorded. The names, address and contact numbers of Indian families who have not accepted the child should be made available to concerned authorities as and when required. When all efforts to place the child with Indian parents fail within the stipulated period, efforts shall be made for such children to place with loving and caring families in other categories. SARA shall keep a track of all domestic adoptions and SAA has to follow its instruction as and when given.

Although under the definition of “child” it means always below 18 years, it is desirable that a child above 12 years may be transferred to a suitable CCI under the overall supervision of CWC if all attempts to rehabilitate the child through adoption fail and special needs children who are not adoptable, may also sent to specialized institutions having adequate facilities in this regard.

Only after completion of HSR, the Indian PAPs may approach SAA/ACA/SARA for referral, which may be vice versa also. In such situation, SSA shall welcome the PAPs referred/accompanied by staff of ACA/SARA/SCPU and may allow such parents to see maximum three most suitable children as desired by them.

Willingness to accept a special needs child may shorten the waiting period for child allocation. In case of special needs children which will be made available in the website which can be accessed by PAPs directly and such proposals may be forwarded by FPAPs to CARA and CARA will ask RIPA to complete in such cases.

6.4 PROCEDURE FOR ADOPTION BY INDIAN PROSPECTIVE ADOPTIVE PARENTS (IPAP) RESIDING IN INDIA

6.4.1 Stage I (Registration)

Prospective adoptive parent(s) may register themselves with SAA/DM/ACA/SARA. Provisional registration by PAPs through Internet shall be accepted. SAA/SARA are contact points for adoption information/application form/checklist of documents. In case CARA receives a particular request from a PAP to adopt, it shall forward the application to concerned SARA for appropriate response.

6.4.2 Stage II (Pre-adoption counseling & Preparation of the PAPs)

Most of the PAPs have got several queries to be addressed and it is important that the PAPs take informed decision after understanding how to go about it.

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6.4.3 Stage III (Home Study and Other requirements)

A home study report of the prospective adoptive parents will be prepared based on the prescribed Guidelines by the social worker of the SAA or SARA may authorize any other competent person to prepare HSR. To allay the fears and apprehensions of the prospective adoptive parent(s), pre-adoptive counseling sessions will be undertaken by the social worker during the preparation of the home study report. Assessing the ability of a couple to parent a child not born to them is of crucial importance in a successful adoption. Therefore, their suitability to care for an unrelated child is assessed through this home study and counselling. Documents relating to the financial and health status of the prospective parent(s) will be part of the Home Study Report.In case of Inter-State adoption applications by parent(s), HSR may be completed where the PAP is residing and further forwarded to the SARA in other State. HSR completed by any authorized individual/professional social worker of SAA shall remain relevant for any other SAA in the country.

Criteria for eligibility of parent(s) will be adhered to as per prescribed norm. The Agency will make a suitable reference from amongst the admitted children legally free for adoption. PAP’s eligibility is to be determined on the basis of Home Study Report (HSR) and supporting documents.

6.4.4 Stage IV(Matching, Referral, Consent and confirmation of adoption proposal)

Matching of a proposed child with a PAP where HSR has already been completed can start only if the competent authority has established the fact that the child is free for adoption.

After a Home Study has been accepted and approved, a child will be shown to the parent(s). The SAA/RIPA will take care to match a child meeting the description, if any, desired by the parent(s). Referrals to a particular PAPs may be given up to 3 children matching the desire of the couple and best interest of the child.

In case of placement of older children (above the age of 6), both written and verbal consent of the child will be obtained. Matching of a child with PAP is the most important task left to the SAA which has to be decided only keeping the priority of “the best interest of the child”. The need of the child is superior to the desire of the PAPs. Matching should be assigned to a team constituting members, i.e. Secretary of the SAA, Sr Professional Social Worker, Visiting Medical Officer, Lawyer and such other members who are key role players in the particular institution.

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Referral of a Child means referring adoption proposal of a child for a considered opinion of the PAP. It should include a copy of the CSR and PER for perusal of the PAP.Once the PAPs put their signature on CSR and PER, formal acceptance of the PAP is confirmed. Acceptance by the PAP leads to the conclusion that the couple has accepted the proposed child to adopt and offer him/her a loving and caring family. The PAPs are advised to see the child physically before they give their acceptance.

SAAs are required to help PAPs for availing birth certificates from competent authorities SARA can intervene in any particular situation including in matters related to referral and placement decision and its decision shall be final in all cases of domestic adoption.

6.4.5 Stage V (Legal Procedure)

Once a successful matching has been done, the agency will file a petition in the appropriate Court for obtaining the necessary orders under the relevant Act. Pending court order, the PAPs may be allowed by the SAA to keep the child in pre-adoption foster care after signing a foster care affidavit. The adoption petition may contain all requisite documents as prescribed in Annexure-G.

The child can be legally placed with the parent(s) under JJ-Act or HAMA. The prospective parents should be informed about the two different Acts available and the ramifications of each one. It would be left to them to decide as to which Act they would like to file their petition. SAA shall forward a copy of the adoption order to CWC & SARA. In case of Inter-country adoption, a copy of the order must be sent to CARA.

6.4.6 Stage VI (Follow up visits and post-adoption services)

Once an order has been issued, it should be followed by regular follow-up visits and post adoption counseling by the social worker till the child is adjusted in the new environment. The follow up should preferably be for a period of one year at-least or as directed by the Court.

5.5 PROCEDURE FOR ADOPTION FROM INDIA BY NRIS/OCIS/ PIOS/FOREIGNERS*

In the light of Supreme Court directions in L.K.Pandey vs. Union of India (WP No 1171 of 1982 and its subsequent Orders) and Guidelines issued by various High Courts in the country and India ratifying Hague Convention on Inter-country Country Adoption in the year 2003, it has now been decided to receive all applications from all prospective NRI/OCI/PIO/Foreign adoptive parents directly from Central Authority/Government Department or EFAA at CARA. The procedure will be followed as under and termed as “Adoption proceedings under the Hague Convention”.

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5.5.1 Step I (Registration for NRI/OCI/PIO/Foreign PAPs)

All PAPs may register with the nearest Enlisted Foreign Adoption Agencies (EFAA) and Central Authority/Government Department dealing with adoption matters. Nearest Indian Diplomatic Mission or Central Adoption Resource Agency, New Delhi are contact points for adoption information/application form/checklist of documents. Such information may be retrieved from CARA’s website, i.e. www.adoptionindia.nic.in

The applicants will have to contact or register with an Enlisted Foreign

Adoption Agency (EFAA)/Central Authority/Govt. Deptt. in their country, in which they are resident.

The applicants should obtain the permission of the competent authority for adopting a child from India. Where such Central Authorities or Government departments are not available, then the applications may be sent by the EFAA with requisite documents including documentary proof that the applicant is permitted to adopt from India. However, NRI and OCI parents residing in Middle East are exempted from such permission as adoption is not recognized in such countries.

5.5.2 Step II (Home Study and Other requirements)

A home study report of the prospective adoptive parents will be prepared based on the standard Guidelines by the professional social worker of the EFAA or Central Authority/Government Department dealing with adoption matters. The adoption application dossier should contain all documents prescribed in Annexure H2. All documents are to be notarized. The signature of the notary is either to be attested by the Indian Embassy/High Commission or the appropriate Govt. Department of the receiving country. If the documents are in any language other than English, then the originals must be accompanied by attested translations (see apostle convention).

Each application should include all the required documents along with authentications and translations in English if required so.  In addition, each application should indicate any preferences the prospective adoptive parents might have about the child’s age, sex, physical/medical condition, or region of origin within India.

5.5.3 Step III(Advance NOC to PAPs by CARA)

EFAA/CA/concerned Government Department of the receiving country has to submit copies of the adoption applications (not original) directly to the CARA for consideration. On receiving complete dossier, CARA shall make entry into the central registry and approve the same.

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A listing of CARA-enlisted agencies can be found on www.adoptionindia.nic.in. Applications may also be forwarded through concerned CA/Government Department. On receiving dossaire, a case file will be opened at CARA and it will advise the PAPs through their sponsoring agency whether additional documents are required.

Once CARA approves the application, it will communicate the EFAA/CA/Government Department to send the original proposal to the particular RIPA for arranging a suitable match if already indicated on the application; otherwise, CARA shall suggest the name of alternate SAA (RIPA) to send its original dossier where children are available for inter-country adoption to respond to such applications. Initial approval given by CARA to the PAPs will no way guarantee referral from India nor it will be obligatory on the part of CARA to match a child. Any referral depends upon availability of children for inter-country adoption.

5.5.4 Step IV (Matching, Referral, Consent and confirmation of adoption proposal)

SAA (RIPA) shall be responsible for placement decision, matching and referral to PAPs in each case. RIPA need not transmit matching information to prospective adopters directly, on the other hand, it will transmit such information to the EFAA/CA/Govt. Department as the case may be as required under regulations of Hague Convention.

On receiving information about CARA’s initial approval and further original dossier of the PAP, the SAA (RIPA) shall make every effort to match a child according to the choice given by the PAPs and accordingly it shall forward the sponsoring agency a copy of the CSR and PER of the child along with a letter of introduction about the child. This document is commonly called a ‘referral.’

Once the matching information has been received and discussed by the adoption agency with the PAPs, the PAPs then may visit the child in India. At this stage, the child can not be entrusted to PAPs as a result of this initial visits to/meetings with, the child. Before agreement under 17© of the Convention, no child can be entrusted to PAP.

On acceptance of the child by the PAPs, the sponsoring agency shall transmit its original copy to RIPA and photocopy/scanning copy to CARA. CARA shall maintain an online updating system to enable PAPs to see their status of applications.

If prospective adoptive parent(s) are declined to accept referral in consecutive 3 times, in such case, the PAPs may be advised by the EFAA/CA/Government Department to withdraw their application for adoption from India. SAA (RIPA) requires a response on a referral within 4 weeks of sending a referral to a family. 

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PAPs are advised to visit the proposed child if they so desire after referral. Copy of any communication between SAA (RIPA) and foreign agency/authority shall be endorsed to CARA and it will endorse copy of relevant communication to the sponsoring agency or RIPA as the case may be.

CARA shall maintain a list of special needs children on its website which will be updated from time to time for the benefit of PAPs and children. For such children, PAPs may approach CARA through their EFAA/CA/Government Department and CARA in such cases shall assist the SAAs to expeditiously send referrals to PAPs.

5.5.5 Step V(Issue of No Objection Certificate to Child by CARA)

CARA shall expeditiously issue NOC at this stage since it has already received HSR from the sponsoring agency, SARA Clearance from the State and CSR/PER initially from SAA and later their acceptance through the sponsoring agency.

NOC(No Objection Certificate) issued by CARA conveys that CARA has no objection to the adoption proposal and a copy of it shall be mailed to RIPA, SARA, CA, EFAA following which the concerned Central Authority under Article 17© of the Convention shall act promptly to conclude an Article 17© agreement with CARA and notify the CARA, EFAAs, RIPA and the PAPs accordingly. Only after such procedure is completed, a decision to entrust the child to the PAPs can be taken. It is urged that PAPs should not be pressurized to take physical custody of the child in case they do not have such papers.

Once the PAPs have received order under Article 17©, they may proceed to obtain a Court Order in India

No SAA can file an application in the competent court for inter-country adoption without a “No Objection Certificate” from CARA and no child(orphan, abandoned or surrendered) can be allowed to travel out side the country without this valid document.

5.5.6 Step VI (Filing of Petition in the Court)

On receipt of the NOC from CARA, the RIPA shall file a petition for adoption in the competent court as far as possible within 15 days if the court is not closed. The competent court may dispose the case as early as possible in the first hearing itself or within a maximum period of 2 months and issue an appropriate order for the placement of the child with the PAP and allow the PAP to take out of the country.

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On receiving the Court Order, RIPA shall immediately transmit a copy of it to CARA and SARA following which CARA will issue a certificate under Article 23 of the Hague Convention. The Hague Convention requires all States that have signed the Convention to recognize adoptions, which have been certified under Article 23. Through such process, the child might acquire automatic citizenship/nationality and enjoy more safeguards.

5.5.7.Step VII (Passport and Visa)

SAA (RIPA) has to apply in the Regional Passport Office for obtaining an Indian Passport in favour of the child. The concerned Regional Passport Officer may issue the Passport within 10 days. Thereafter the VISA entry permit may be issued by the Consulate/Embassy/High Commission of the concerned country for the child.

5.5.8 Step VIII (Child travels to adoptive country)

The adoptive parent/parents will have to come to India and accompany the child back to their country. They are required to spend at least one week with the child. By doing so, they get a chance to mingle with the baby before making final departure, they get to know more information about the baby’s food habits and attitudes from the child care staff of the adoption agency. Escorting a child by the RIPA is not permitted.

5.5.9 Step IX

The receiving central authority or its EFAA shall keep CARA informed about the progress of placement through post-placement reports as provided under Article 20 of the Hague Convention for a period of 2 years.

*NRI means Indian citizens who hold Indian passports and are presently residing abroad.*Persons of Indian origin (PIO) means a foreign citizen (not being a citizen of Pakistant, Bangladesh and other countries as may be specified by the Central Govt. from time to time) if:

(i) he/she at any time held an Indian Passport; or (ii) he/she or either of his parents or grand parents or great grand

parents was born in and permanently resident in India as defined in the govt. of India Act 1935 and other territories that became part of India thereafter provided neither was at any time a citizen of any of the aforesaid countries (as referred to) above;

(iii) he or she is a spouse of a citizen of India or a person of Indian origin covered under (a) or (b) above.

*OCI means a person registered as Overseas Citizen of India(OCI) under section 7A of the Citizenship Act, 1955.

*PIO Card Holder: A person registered as PIO Card Holder under MHA’s scheme vide Notification No 26011/4/98-F.I dtd. 19.08.2002.

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5.6 Where there is no Enlisted Foreign Adoption Agency (EFAA)

In the case of an Indian National residing in a country where there is no Enlisted Agency or central authority or Govt. Department to sponsor applications, in such country CARA may allow an organisation or individual recommended by the Indian Embassy to do the Home Study Report (HSR) and give undertaking etc. The said application may be forwarded with the approval of the Indian Embassy to CARA.

5.7 Resident Non-citizens

In case of resident non-citizens where the host Govt. may not be willing to sponsor the cases, the documentation may be done through the Embassy of the country to which the applicant belongs. Home studies however will have to be prepared by a qualified Agency/Social Worker in all cases. In case CARA receives the papers it will send those papers to any of the RIPA for further processing the case only after HSR has been approved by it. The procedure to be adopted thereafter shall be the same as indicated in the process.

5.8 Foreign nationals living in India

Such PAPs also have to file applications with CARA. CARA shall register such applications when it receives through EFAA/CA/Govt. Department of the foreign national. In case of foreigners who have been living in India for one year or more, the HSR and other connected documents may be prepared by the RIPA An undertaking should be given by the concerned Embassy/High Commission that the child will be legally adopted in that country and also mention an agency/orgn. who would send the progress reports and take care of the child in case of any disruption as and when the child is taken abroad. However a certificate is required from the competent authority in the country of permanent residence of the FPAP indicating that the child shall be allowed to enter the country and get adopted in due course. In case, the PAP belongs to Hague member country, the procedure shall be as per Hague Convention on Inter-country Adoption.

5.9 Rights of the Child

The child has a right to his/her identified information such as background information. Except in cases of unwed mother, the details of biological parent/s may be made available to a child when he/she becomes adult or is old enough to understand such intricacies. SAAs are required to offer psychosocial services to all parties concerned when a search for origins is undertaken. Every child with a court order from an Indian court shall enjoy all rights and privilege of a biological child when he/she joins the adoptive parents in their countries.

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PART- VIIRIGHTS, SAFEGUARDS, ETHICAL ISSUES AND GUIDES

TO GOOD PRACTICE

A field like the rehabilitation of abandoned, orphaned and destitute children calls for total dedication to the highest standards of professionalism, competence, integrity and social vision. Deprivation of parental care is perhaps the worst tragedy for a child who is innocent by all means. In most of the cases, it is subject to torture from mother’s womb itself and therefore, all orphanages and adoption agencies must follow ethical standards while taking steps and measures before adoption procedure it self and while placing children in adoption also.

These Guidelines endorse the ethical principles as given under:

a) Supreme Court Judgements in L.K.Pandey vs. Union of India in WP No 1171 of 1982 and its subsequent judgements

b) JJ Amendment Act 2006 and its Model Rules 2007

c) UN Convention on the Rights of the Child

d) UN Declaration on Social & Legal Principles relating to the Protection and Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and Internationally;

e) Hague Convention on Protection of Children and Cooperation in respect of Inter-country Adoption

Improper Financial Gain

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Any improper financial or other gain is prevented (as required under art. 8 & 32) through fixing adoption costs, prohibition of direct contact between Prospective Foreign Adoptive Parents and Indian Agencies, prohibition of middlemen, giving recognition to those Indian Agencies for working under the Convention who work with non-profit motive, Financial Returns furnished by the inter-country adoption Agencies to charity commissioners, local state government & Ministries.

As per Article 32 of the Hague Convention,

(1) No one shall derive improper financial or other gain from an activity related to an intercountry adoption.

(2) Only costs and expenses, including reasonable professional fees of persons involved in the adoption, may be charged or paid.

(3) The directors, administrators and employees of bodies involved in an adoption shall not receive remuneration which is unreasonably high in relation to services rendered.

According to article 29 of the 1993 Hague Convention on Inter-country Adoption, no contact between foreign prospective adoptive parents and the child's parents shall take place before it has been secured that the conditions required by the Convention have been complied with (adoptability, subsidiary and suitability of the prospective adoptive parents).

The adoption of children shall not be a source of improper financial or other gain. Abuse, illegal sourcing of children will lead to criminal prosecution. To prevent inappropriate practices before the matching, Article 29 prohibits any contact between the prospective adoptive parents and any person whose consent might be influenced, intentionally or otherwise, by the adoptive parents. The only exceptions to this rule are for cases of relative adoptions, where the parties obviously know each other, or if the competent authority sets some conditions for contact and those conditions are complied with.

Expeditious procedures

Speedy procedures are essential to protect the interests of children. The procedures must not be so fast as to circumvent or bypass proper procedures, but they must not be so slow that children are left too long in institutions.

A Bench of Bombay High Court in a Family Court Appeal Case (No 34 of 2007) has reiterated in a case of inter-country adoption in the way the Supreme Court pronounced its landmark judgement in L.K.Pandey vs. Union of India case in WP No 1171 of 1982 that the cases of most vulnerable category of children need to be expedited:

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“------------------ These Petitions deal with lives of innocent, fragile, infant children. They are either destitute or abandoned by their parents. The children are required to be adopted and taken by the adoptive parents expeditiously after preliminary requirements are completed. Any delay on the part of any Authority, including Judicial Officers, results in delayed bonding with their adoptive families and consequently their overall welfare is prejudicially affected. We may repeat that the court taking adoption petitions shall only consider the financial and cultural background of the adoptive parents and the NOC of CARA when disposing off adoption petitions. Once a Petition for adoption is brought before any court, it is the bounden duty of the court to take up on the date of hearing itself and to give the adoptive child a home unless the parents are found unfit for the role being adoptive parents.”

As per Article 35 of the Hague Convention, the competent authorities of the contracting states shall act expeditiously in the process of adoption. This may also be read with Article 9(b) of the Convention where a central authority is required to facilitate, follow and expedite proceedings with a view to obtaining the adoption.

Transparency

The intention is to have a hassle free and transparent system (child friendly) benefiting all stakeholders in the adoption process and the child, the most. All associated agencies and authorities involved in the adoption process are required to practice greater transparency through ICT(Information and Communication Technology) and MIS(Management Information System) to bring about greater transparency and accountability. Thus the SAA should have minimum facility of computer and access to Internet connection.

Minimum standards

The Hague Convention only provides for minimum standards to be observed within the inter-country adoption process. Contracting States are encouraged to develop and apply higher standards. Provision of adequate provisions for affording Quality Child Care to institutionalized children, professional social worker and trained childcare staff etc. are important requirements. Before an adoption is arranged, an adequate home study of the adoptive parents should be completed, as well as an adequate study of the child’s background, physical condition, and personality development. SAA and RIPA shall deal with domestic adoptions and inter-country adoption respectively. No contact between the FPAPs and the biological parents will be allowed. Counseling facilities should be made available to biological mother/parents by the adoption agency. Consent of the biological mother cannot be obtained before the birth of the child. No child should be proposed for intercountry adoption before SARA Clearance except in the case of NRIs and OCIs.

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All SAAs shall adhere to strict ethical practices and work in the best interest of children as defined in the Guidelines and described in Hague Convention on Inter-country Adoption–1993 failing which action as deems fit will be taken against any defaulting agency/ies. The office bearers of the agency/ies will be held responsible for any breach of procedural safeguards or non-compliance of ethical practices.

The Guide to Good Practice

Some of the SAAs in India have shown best practices which should be replicated. The programme can only be successful through government civil society partnership in an effective manner. The roles assigned to different authorities and agencies must be strictly complied to benefit the child most in the adoption process.

Any instances of child abuse and neglect can be avoided through careful matching and rigorous examination of HSR. The country of origin is responsible to finally make a referral to the sending country about a proposed case. The Guide to Good Practice developed by Hague Convention (www.hcch.net-------) emphasizes on rights and safeguards of children and other ethical issues. It has been reiterated that in the whole adoption the need for thoroughness and objectivity by authorities in the receiving country in the assessment and preparation of the prospective adopters, and in drawing up the report on the applicants in accordance with Article 15. Accurate reports on the adoptive parents assist the State of origin to make an informed decision regarding matching.

Safeguards

Both in-country and inter-country adoption procedure have to be completed as per provisions provided under the Guidelines. Individuals and unauthorized agencies are prohibited to deal with adoption of orphan, abandoned and surrendered children. Biological parent/s cannot place a child directly with a foreign parent/s without following due procedure.

Home Study Report of PAPs should be prepared as per Annexure ----. The adoptive child as far as possible should be younger than the siblings at home. Two children at a time should not be recommended unless they are related.

There is no right of the putative father if he has not made a complaint before CWC or any inquiry authority about his right to nurture the baby within 60 days of surrender of the baby. In such cases, the decision of the CWC shall be final. A birthmother may not be allowed to legally relinquish custody of her child to an agency when she is not in a position to take conscious decision. The end result of the process will be that adoption would not be a mere legalistic management but the creation of an environment in which the child can grow in health and happiness, and be really integrated in the society. Every effort has to be made by SAA to place a child under relevant provisions of JJ Amendment Act 2006 as adoption court order can have more safeguards than mere guardianship order.

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No SAA/ACA which is getting Government grants to promote domestic adoption, shall not claim any other fee other than that have been provided under the Guidelines. Adoption must proceed through SAAs and there should no direct contact between the biological parents and PAPs.

In case of inter-country adoption, a child will be allowed to be escorted by his/her adoptive parents.

Central Authorities/EFAAs are required to help the Indian Diplomatic Missions to arrange get together for children adopted from India and their adoptive parents to provide forum for sharing experience, exposing them to the culture of India, etc.

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PART VIIIMISCELLEANOUS

Adoption Leave

As per Circular No. 13018/4/2004-Estt.(L) dtd 31.3.2006 of Ministry of Personnel, PG & Pensions, Department of Personnel and Training, Government of India, all female government servants are eligible to get the benefit of leave for 135 days with fewer than 2 surviving children as “Child Adoption Leave” on adoption of a child up to one year of age, on the lines of maternity leave admissible to natural mothers..

Violation of Guidelines

If it comes to the notice of any State Government or any of India’s Diplomatic Missions abroad or CARA or any other source that a RIPA or EFAA is not observing all or any of the provisions of these guidelines or is otherwise functioning in a manner which is not in the interest of children, CARA may, at its discretion suspend or withdraw recognition of such enlisted agency or RIPA and/or take any other such action as may be deemed necessary. Apprehensions have been expressed that unscrupulous elements arrange illegal transfer of babies to adoptive parents at the time of their birth in some hospitals, nursing homes, maternity homes in the country. Such transfer of babies taking place without observing the appropriate norms and procedure is illegal and thus it is not at all in the interest of the child. If any such complaints are brought to the notice of CARA, it shall instruct SARA or State Government to cause an enquiry to be made and take up the matter with the appropriate authorities of the Central or State Government including the Medical Council of India.

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Cases deserving relaxations

In the light of obligations as a result of ratification of the Hague Convention on Inter-country Adoption-1993 and in the best interest of Indian children, CARA and the Ministry of Women & Child development, Govt. of India shall take all appropriate measures from time to time. In all cases of clearances for inter-country adoptions, recognitions, enlistments and renewals of all concerned agencies, decisions will be taken at the discretion of CARA and in such cases where CARA feels that a particular provision needs to be relaxed, it may do so by recording on file the reasons as to how the best interest of the child is being served by such relaxation.

Wherever there is any doubt in interpretation of the Guidelines, CARA is the final authority for clarification. Further, CARA shall be the authority to add/amend/alter the Guidelines from time to time.

Amendments to Guidelines

The Ministry of Women & Child Development, Government of India, reserves to itself the power, at its discretion to make such amendments, additions, deletions or alterations in these guidelines as are deemed necessary from time to time.

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GLOSSARY OF TERMS

Adoption: Adoption is a way of forming a family, involving the placement of a child with adoptive parents, followed by a legal process, which establishes a child as if he or she was born to those adoptive parents

Orphan: The term is used to describe children who have lost/separated from both of their biological parents.

Special Needs: Refers to children who are physically, developmentally or emotional disabled, a sibling group and-all others who might remain in foster care should no adoptive family be available.

Central Adoption Resource Authority (CARA): An autonomous body functioning under Ministry of Women & Child Development, Government of India to act as a Central Authority in the matter of adoptions in the country.

Central Authority (CA): As defined under Hague Convention on Inter-country Adoption-1993

SARA: State Adoption Resource Agency as defined under ICPS which will function as state level nodal body on adoption and shall report to State Government and CARA

SAC: State Adoption Cell

Child Welfare Committee(CWC):A Committee as defined in JJ Act-2000 to deal with children in need of care & protection to determine the legal status of orphan and abandoned children.

Adoption Coordinating Agency (ACA): ACA is an agency in a state/region set up for the promotion of In-country Adoption

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CII: Child Care Institution registered by State Government under State JJ Rules

SAA: Specialized Adoption Agency recognized by State Government for the purpose of domestic adoption

RIPA: Recognized Indian Placement Agency for placing children in inter-country adoption. State Government basically recognizes such agencies as SAA to place children in domestic adoption and further recommends CARA to recognize as Indian Placement Agencies to place children in inter-country adoption.

Enlisted Foreign Adoption Agency (EFAA): A Foreign Social/Child Welfare Agency that is enlisted by CARA for sponsoring the application of Prospective NRI/OCI/PIO/Foreign Adoptive Parents for inter-country Adoption of an Indian child. This is also known as Authorized Agency of the receiving country.

Adoption Scrutinizing Agency (ASA): An independent Social/Child Welfare Agency appointed by the Court for scrutinizing adoption applications.

JJ Act: Juvenile Justice (Care & Protection of Children) Amendment Act-2006

JJ Model Rules- Model Rules-2007 is based on the above legislation for dealing children in need of care and protection and children in conflict with law.

Clearance Certificate (CC): A certificate issued by SARA and ACA declaring a child free for adoption by PIO/Foreign parents.

FPAP: Foreign Prospective Adoptive Parents.

NRI: Non-Resident Indian/Indians (holding Indian Passport).

PIO: Persons of Indian Origin.

No Objection Certificate (NOC): A Certificate issued by CARA permitting the child to be placed with prospective adoptive parents for Inter-country adoption.

Recognized Indian Placement Agency for Inter-country Adoption (RIPA): An Indian Social/ Child Welfare Agency recognized by CARA for placement of Indian Children in Inter Country Adoption.

In-Country Adoption: Adoption of an Indian child by Indian parent(s) residing in India.

Inter-country Adoption: Adoption by NRI/OCI/PIO and Foreign prospective adopters

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Child Study Report (CSR):It will contain details about the child, its date of birth, social background etc.

Home Study Report (HSR):It contains details of the Adoptive Couple’s social status & family background; description of Home; standard of living; relationship with spouse and family members; health details; economic status etc.

Physical Examination Report (PER):It will contain medical report of the child, report of hospitalization if any etc.

PAP: Prospective Adoptive Parents

Agency Adoption: Adoption that is facilitated by a SSA that provides counseling to birthparents, home studies to prospective adoptive parents, relinquishment services and post-placement programs for triad members. All cases of orphan, abandoned and surrendered children coming in the category of “children in care and protection” shall be processed through SAA as provided under JJ Amendment Act 2006.

Open Adoption: Family adoption amongst relatives and amongst known persons comes in this category. Such adoptions are possible within the definition of HAMA and JJ Amendment Act 2006 etc.

Relinquishment: Legal process by which birth parents voluntarily terminate their parental rights in order to free their child for adoption through a licensed agency.

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