Guidelines governing Adoption of Children, 2015

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then the profile of both the children stand automatically withdrawn.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

Miscellaneous provisions determining
seniority of the prospective adoptive parents facilitating the root search and
adoption of children with special needs, also finds acknowledgment.

of Women and Child Development
Source: Legal news India

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