Adoption is a legal process by which an individual or couple becomes the legal parent(s) of a child who is not biologically their own. It establishes a permanent parent-child relationship, giving the adopted child the same rights as a biological child, including inheritance and familial ties. The purpose of adoption is to provide permanent and loving homes to children who cannot be raised by their biological parents, strengthening family and social solidarity by ensuring a child’s well-being, protecting them from neglect or abuse, recognizing the general thought that every child has a right to nurture in an environment full of love and affection.

International adoption, as defined in Black’s Law Dictionary, refers to a process where parents residing in one country travel to another nation to adopt a child, typically following the legal requirements of the child’s home country. This practice gained popularity after World War II. The validity of intercountry adoption was first examined in the landmark case of Rasiklal Chhaganlal Mehta, AIR 1982 Guj. 193. In this case, the Supreme court ruled that adoptions conducted under the Hindu Adoptions and Maintenance Act, 1956 (HAMA) must be legally recognized in both the adopting and the child’s home country. As a result, the Central Adoption Resource Authority (CARA) was formed.

About CARA

CARA (Central Adoption Resource Authority) is the nodal agency in India responsible for regulating and monitoring adoption of orphaned, abandoned, and surrendered children. It operates under the Ministry of Women and Child Development, Government of India and ensures that adoption processes are legal, ethical, and child-centric. Key functions of CARA include:

• Regulating adoption - both intra or inter country.

• Operating CARINGS (Child adoption Resource Information And Guidance System), an online platform for adoption application and tracking.

• Working with specialized Adoption Agencies(SAAs) ensuring children are legally free for adoption.

• Coordination with State Adoption Resource Agencies (SARAs) and District Child Welfare Committees (CWCs).

Adoption through CARA is open to all Indian citizens, foreign nationals, non-resident Indians (NRIs) or Overseas Citizens of India.

Eligibility criteria for Adoption under CARA For NRI/OCI/ Foreigner living Abroad

• Prospective adoptive parents must be physically, mentally, emotionally, and financially stable. They should not have any life-threatening medical conditions and must not have a criminal record or be involved in any child rights violation cases.

  
  

• Any individual, regardless of marital status or whether they have biological children, can adopt, subject to the following conditions:

  • In the case of a married couple, both spouses must provide consent for the adoption.

  • A single female is eligible to adopt a child of any gender.

  • A single male is not permitted to adopt a girl child.

  • A couple must have a minimum of two years of stable marital life before adopting, except in cases of relative or step-parent adoption.

    
    

• The eligibility of prospective adoptive parents is determined based on their age at the time of registration. The maximum permissible age varies according to the age of the child being adopted. For children up to 2 years old, the combined age of a couple should not exceed 85 years, while a single adoptive parent should be no older than 40 years. For children above 2 and up to 4 years, the maximum age limit is 90 years for a couple and 45 years for a single parent. In the case of children above 4 and up to 8 years, the limit extends to 100 years for a couple and 50 years for a single adoptive parent. For children above 8 and up to 18 years, the maximum age permitted is 110 years for a couple and 55 years for a single prospective adoptive parent.

  
  

• For couples, the combined age of both prospective adoptive parents will be considered when determining eligibility.

  
  

• Age criteria do not apply in cases of relative adoption or when a step-parent is adopting a child.

• Couples who already have two or more children will only be eligible to adopt special needs children, unless the child being adopted is a relative or a step-child.

  
  

• Prospective adoptive parents must revalidate their Home Study Report if three years have passed since its initial approval.

  
  

• The seniority of prospective adoptive parents who have not received a single referral within three years will be maintained from their original registration date, except for those who have exceeded the composite age limit of 110 years.

Procedural Guidelines under CARA

1. Non-Resident Indians (NRIs) and Overseas Citizen of India (OCI) Cardholders are given the same priority as resident Indians for adopting orphaned, abandoned, or surrendered children.

2. That the registration and Home Study Report process for inter-country adoption. NRIs, OCIs, and foreign prospective adoptive parents from Hague Adoption Convention signatory countries must register through an Authorized Foreign Adoption Agency (AFAA) or Central Authority. If such agencies do not exist in their country, they must approach the Indian diplomatic mission or government department for assistance.

3. Once eligibility is confirmed, their Home Study Report (HSR) is completed and uploaded to the Designated Portal, where their seniority is determined based on the registration date. Adoption referrals are provided in two rounds with a one-month gap, similar to resident Indians. Prospective parents have 96 hours to reserve a child and 30 days to accept the referral by signing the Child Study Report and Medical Examination Report. Failure to do so results in their profile being moved to the bottom of the list.

4. Adoptive parents may visit the Specialized Adoption Agency (SAA) to meet the child and seek medical reviews. The AFAA or Indian diplomatic mission submits the required notarized and apostilled documents, which must be translated into English if in another language. Documents originating from India require self-attestation.

5. The Authority will issue a No Objection Certificate (NOC) for the proposed adoption within ten days of receiving the prospective adoptive parents' acceptance of the child and the approval or permission letter from the receiving country, as per the Hague Adoption Convention. The NOC will be generated online through the Designated Portal.

6. After obtaining the NOC, the prospective adoptive parents may take the child into pre-adoption foster care within India while the adoption order is pending, by submitting an undertaking to the Specialized Adoption Agency (SAA).

7. Final custody of the child will be granted once the passport and visa are issued, following the adoption order from the District Magistrate. If prospective adoptive parents residing abroad want the Specialized Adoption Agency (SAA) to represent them, they must provide a Power of Attorney in favor of the agency’s social worker or adoption in-charge, allowing them to handle the adoption process on their behalf.

Passport, visa and immigration authorities

The Authority will issue a Conformity Certificate under the Hague Adoption Convention within three days of the adoption order being available on the Designated Portal, if the receiving country is a Hague Convention signatory. It will also notify immigration authorities and the Foreign Regional Registration Office about the adoption confirmation.

To obtain an Indian passport for the adopted child, the SAA must apply to the Regional Passport Office within three days of receiving the adoption order. The passport will be issued within ten days, following government regulations for inter-country adoptions.

The SAA must also request a birth certificate with the adoptive parents' names within five days of obtaining the certified adoption order.

The adoptive parents must travel to India and take the child to their country within two months of the adoption order.

What does Hague Convention say?

The Hague Convention on Protection of Children and Cooperation in Respect of Inter-country Adoption (1993) is an international treaty designed to ensure that inter-country adoptions are conducted in the best interests of the child and with respect for their fundamental rights. It aims to prevent child trafficking and establish a cooperative legal framework between countries involved in international adoption. The core tenet of the convention is to ensure efforts are made to place a child within their home country before considering inter-country adoption. Each country must have a Central Authority to regulate adoptions and collaborate internationally. Adoptions finalized under the Convention are legally recognized across all member countries. 99 countries all over the world have ratified this convention leaving 3 who have signed but not ratified, which leaves their cross-border adoptions unrecognized.

India is a signatory to both the Convention on the Rights of the Child (CRC) and the Hague Convention. The primary law governing adoption under the Hindu system is the Hindu Adoption and Maintenance Act, 1956 (HAMA). The Juvenile Justice (Care and Protection of Children) Act, 2000, along with its amendments in 2006, 2010, and 2015, ensures that the rights of adopted children align with those recognized under the Hague Convention. Notably, the 2000 Act did not define adoption, and the term was formally introduced in the 2006 Amendment. This marked a significant shift, as previously, adoption by non-Hindus was governed by the Guardians and Wards Act, 1890.

Complications And Proposed Measures

IDENTITY ISSUES: International adoption is part of a broader trend of increasing multiracial and multi-ethnic families, who encounter distinct challenges in raising children from diverse racial and ethnic backgrounds. As trans-racial adoptees mature, they gain a clearer understanding of their physical differences from their adoptive parents. Simultaneously, they may experience a sense of loss regarding their birth culture and family history, along with an increasing awareness of racism and discrimination in their daily lives. This sense of loss has been linked to higher levels of depression and lower self-esteem.

MEDICAL ISSUES: Internationally adopted children are at a higher risk of exposure to infectious diseases, illnesses, malnutrition, or growth deficiencies, which adoptive parents may not always anticipate or be adequately prepared for. Additionally, many children may exhibit developmental delays or cognitive impairments, influenced by factors such as their age at adoption, the quality of care they received before adoption, and the duration of time spent in institutional care prior to adoption.

ECONOMIC/FINANCIAL ISSUES: In numerous instances, poverty and financial struggles compel biological parents or families to relinquish a child, either for economic benefits or in the hope that adoption will provide better future opportunities. This results in the permanent separation of the child from their biological family and placement into an entirely new and unfamiliar environment, often with different cultural, linguistic, and ethnic backgrounds. Such transitions can create social and medical challenges for the child.

PHYSICAL/ APPEARANCE DISCOMFORT: Experiences of physical discrimination led to feelings of discomfort with one's appearance. Research indicates that Black and Asian children, whose physical features distinctly differ from those of White individuals, are more likely to face societal discrimination. This, in turn, can contribute to social anxiety and depression in affected children.

LESS KNOWN BACKGROUND OF THE ADOPTED CHILD: The information provided by the child's birth country regarding their background, age, and health may not always be complete or accurate. Some countries lack the resources to thoroughly investigate and assess a child's social and medical history. Additionally, in certain cultures, there is still a social stigma attached to children born to unmarried parents. This sometimes leads to children being abandoned. Also, This, in turn, creates an opportunity for a child’s circumstances to be misrepresented, driven by the belief that younger children with simpler social and medical histories have a higher likelihood of being adopted.

Inter-country adoption can offer orphaned children a new beginning, but the absence of proper legal frameworks in their home country may lead to rights violations. There is a pressing need for stronger laws and guidelines to regulate inter-country adoption. Authorities must thoroughly monitor adoption agencies to ensure child rights protection, as mandated by the Constitution and the Juvenile Justice (Care and Protection of Children) Act, 2015. Every child has a right to life, a home, and education, and it is crucial not only to establish safer adoption processes but also to ensure ongoing protection even after adoption abroad. The Hindu Adoptions and Maintenance Act (HAMA) faced several challenges in inter-country adoption, particularly the lengthy and complex process of obtaining a NOC from the court, which delayed the adoptive parents’ relocation. To address this, the Ministry of Women & Child Welfare has transferred the NOC authority from the court to CARA, making the process faster and more efficient while also improving child custody monitoring.