Tuesday, August 4, 2015
New Child Adoption Guidelines and Laws in India.
On 17.07.2015 the Central Government notified the following Guidelines issued by the Central Adoption Resource Authority, superseding the Guidelines Governing the Adoption of Children, 2011 to provide for the regulation of adoption of orphaned, abandoned or surrendered children.
• Adequately defined terms like ‘prospective adoptive parents’ and ‘surrendered child’ find a place in the preliminary provisions, which also deal with the fundamental principles governing adoption of children and permitting prospective parents’ adoption on realization of the eligibility criteria. Couples having more than four children are not to be considered for adoption.
• Declaration of an abandoned or orphaned child as legally free for adoption shall be done by issuing an Order for the same by the Child Welfare Committee as per the format in Schedule-1. With respect to a surrendered child, recourse to counseling shall be taken to discourage surrender by biological parents. On account of surrender being inevitable, a deed of surrender shall be executed with accordance to the terms, however no advertisement to be issued in case of a surrendered child.
• Home study report of the prospective adoptive parents shall be prepared by the adoption agency and be completed within one month, on the basis of which the eligibility of the prospective adoptive parents shall be declared along with reasons. The registration of an adoption deed is not mandatory. The Specialised Adoption Agency shall file the adoption petition in the court having jurisdiction over the place where it is located, within seven days from the date of acceptance by the prospective adoptive parents for obtaining the necessary adoption.
• Pertaining to inter-country adoption, profiles of two children shall be referred to the authorised foreign adoption agency. In case the prospective adoptive parents fail to reserve any of the children within ninety-six hour, then the profile of both the children stand automatically withdrawn. No objection certificate shall be issued by the Central Adoption Resource Authority within ten days from the date of receipt of the acceptance of the child by the prospective adoptive parents. For obtaining Indian passport for the adopted child, the specialized adoption agency shall submit the application to the regional passport officer within three working days from the date of receipt of a certified copy of the adoption order. The child shall be entitled to receive care, protection and rehabilitation through the child protection services in the event of adjustment problem.
• Directions given which specifies the procedure for renewal, suspension and inspection of Specialised Adoption Agency and enlisting the various functions of the Agency towards children and biological as well as prospective adoptive parents. Role of the Indian diplomatic missions in inter-country adoption of Indian children also finds mention.
• Miscellaneous provisions determining seniority of the prospective adoptive parents facilitating the root search and adoption of children with special needs, also finds acknowledgment.
-Ministry of Women and Child Development