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Introduction to Inter-Country Adoption

Inter-country adoption is a process by which children from one country are adopted by families in another country. As families across the globe increasingly seek to form or expand their families, international adoption has become a common way to give children from countries with higher levels of poverty or instability a chance for a better life. In particular, inter-country adoption allows families in one nation to provide loving homes for children from countries that may have fewer resources available for domestic adoption.

While the process is complex, involving legal and procedural steps across multiple jurisdictions, the goal remains the same: to find children permanent, loving homes and to provide adoptive parents with the opportunity to welcome a child into their family. As countries have become more interconnected, many have signed international agreements to streamline the adoption process and ensure the child’s welfare remains the primary concern. The most important of these agreements is the Hague Convention on Protection of Children and Co-operation in Respect of Inter-Country Adoption.

The Hague Convention on Inter-Country Adoption

The Hague Convention is an international treaty designed to ensure that inter-country adoptions are conducted in the best interests of children and that they are protected from abuse, exploitation, or any form of trafficking. The Convention, which was adopted in 1993, provides a legal framework for ensuring that adoptions across borders are ethical, safe, and transparent. The primary goals of the Hague Convention include:

• Establishing safeguards to ensure that inter-country adoptions are carried out in the best interests of the child.
• Preventing the abduction, sale, or trafficking of children for adoption.
• Ensuring that both the sending and receiving countries have clear and consistent standards regarding the adoption process.

Countries that have ratified the Hague Convention, including India, are required to comply with its provisions to protect the welfare of the child and ensure that the adoption process is ethical, transparent, and legally sound. The Convention’s regulations provide guidance on various aspects, such as adoption agencies, documentation, home studies, and the consent of the biological parents.

Eligibility of Prospective Adoptive Parents

The eligibility of prospective adoptive parents (PAPs) is a critical part of the inter-country adoption process. The Hague Convention ensures that only suitable and qualified individuals can adopt children from foreign countries. The eligibility criteria vary depending on the child’s country of origin and the receiving country’s regulations. However, common factors that determine eligibility include:

• Age: Adoptive parents must typically be at least 25 years old, with some countries imposing a maximum age limit. The age difference between the adoptive parents and the child should generally not exceed a certain range.
• Marital Status: Both married couples and single individuals may adopt, though there may be restrictions based on the child's needs and the country's adoption regulations.
• Financial Stability: Prospective parents must demonstrate that they are financially stable enough to support a child.
• Health and Fitness: Adoptive parents must be in good health physically and mentally, capable of providing for the child’s well-being.

Process of Inter-Country Adoption

The process of inter-country adoption is thorough and involves several key stages to ensure that the child’s welfare is upheld at all times. The process typically includes the following steps:

1. Application and Registration: Prospective adoptive parents must begin by registering with a licensed adoption agency or a government agency in their home country. The agency will assess the parents’ suitability through a home study.
2. Home Study: A home study involves interviews, background checks, health assessments, and a detailed report on the adoptive parents’ readiness to adopt. This is a critical step to determine their eligibility for adoption.
3. Referral: Once approved, adoptive parents are provided with referrals of children who are eligible for adoption. The parents will be given the child's profile, which includes background information, medical history, and photos.
4. Acceptance of Referral: After reviewing the child’s profile, adoptive parents can choose to accept the referral. They must sign a formal agreement to adopt the child.
5. Court Approval and Adoption Order: Once the referral is accepted, the adoption case is submitted to the relevant court for approval. After court approval, an adoption order is issued, which legally establishes the adoptive parents as the child's legal guardians.
6. Immigration and Travel: Once the adoption is finalised, the child is issued a visa and passport, allowing them to travel to the adoptive parents' country. This process includes the issuance of a Certificate of Conformity under the Hague Convention to confirm that the adoption complies with international standards.
7. Post-Adoption Follow-Up: Some countries require post-adoption reports to ensure that the child is adjusting well in their new home. These reports are typically submitted over a period of two years.

Regulatory Authorities Involved in India

In India, the adoption process is governed by several regulatory authorities, each playing a vital role in ensuring the legality and ethical integrity of the process. Key authorities involved include:

• Central Adoption Resource Authority (CARA): CARA is the national body responsible for regulating and overseeing adoptions in India, including inter-country adoptions. It is responsible for ensuring that adoptions meet the requirements of both Indian and international law. CARA issues the crucial No Objection Certificate (NOC), which is necessary for the adoption to proceed.
• State Adoption Resource Agencies (SARA): These state-level agencies work in coordination with CARA and local child welfare organisations to manage the adoption process at the regional level.
• Judiciary: The courts in India play an essential role in granting adoption orders after reviewing the adoption petition submitted by the prospective adoptive parents. Courts ensure that all legal processes are followed.
• Embassies and Immigration Authorities: These authorities are involved in the documentation process, including the issuance of the child’s passport, visa, and other relevant travel documents, and ensuring that the child can legally enter the receiving country.

Legal Framework Involved in Inter-Country Adoption

In India, the legal framework for adoption is guided by a combination of national regulations and international conventions. The key legal instruments include:

• The Juvenile Justice (Care and Protection of Children) Act, 2015: This Act provides the legal framework for the care, protection, and adoption of children in India, including the adoption process for children who are abandoned, surrendered, or orphaned.
• Hindu Adoption and Maintenance Act, 1956: This Act governs adoption for Hindus in India, and it is applicable for inter-country adoption when the prospective parents are of Hindu faith.
• The Hague Convention: India, as a signatory to the Hague Convention, follows the guidelines set forth to ensure that international adoptions are ethical, safe, and conducted in the best interests of the child.
• CARA Adoption Regulations: CARA’s regulations provide a clear set of procedures for both domestic and inter-country adoption, outlining everything from the registration process to post-adoption follow-ups.

Procedure for Inter-Country Adoption

The procedure for inter-country adoption in India involves several key steps, as outlined below:

1. Registration with an Adoption Agency: Prospective adoptive parents must register with a recognised adoption agency or CARA for processing their application.
2. Home Study Report: After registration, a home study report is prepared to assess the suitability of the parents for adoption.
3. Referral of Children: Once the home study is approved, children who are legally free for adoption are referred to the parents based on their preferences.
4. Issuance of No Objection Certificate (NOC): Upon acceptance of a child’s referral, CARA issues a No Objection Certificate (NOC), which is necessary for the adoption to proceed. This is a vital step before proceeding with the legal adoption process and immigration arrangements.
5. Final Adoption Order: The final adoption order is obtained from the court, after which the child can be legally adopted by the parents.
6. Certificate of Conformity: CARA issues a Certificate of Conformity, which confirms that the adoption process adheres to the provisions of the Hague Convention and meets the standards for international adoptions.
7. Post-Adoption Reporting: Post-adoption follow-up reports are submitted by the parents to ensure the child’s well-being.

Relative Adoption Eligibility and Procedure

Under the Hague Convention, relative adoption is a special category of adoption that allows relatives of the child, such as grandparents, uncles, or aunts, to adopt the child. The eligibility and procedure for relative adoption differ slightly from non-relative inter-country adoption, as detailed below:

• Eligibility: For a relative adoption to be processed under the Hague Convention, the prospective adoptive relative must meet the same eligibility criteria as other adoptive parents. This includes age, health, financial stability, and the best interests of the child.
• Procedure: The procedure for relative adoption follows similar steps as non-relative adoption, including registration, home study, and referral. However, relative adoption may be subject to fewer restrictions regarding the child's background and the relationship of the adopting family to the child.

Final Steps: CARA’s Role and Confirmation

Once the adoption is completed, CARA plays a crucial role in ensuring that the inter-country adoption complies with all legal and ethical guidelines as set by the Hague Convention. This includes the issuance of the Certificate of Conformity, which confirms that the adoption process is in accordance with international standards. In addition, CARA may provide continued guidance for post-adoption follow-up reports, ensuring the child’s welfare post-adoption.

Adoptive parents must complete all required procedures and submit necessary documents to CARA to ensure that the child’s adoption is legally recognised and fully compliant with the international adoption standards outlined in the Hague Convention.

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