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| − | {{#eimage:https://www.cia.gov/library/publications/the-world-factbook/graphics/flags/large/in-lgflag.gif|410x579px|thumb|'''The official flag of India.'''<BR/>Source: cia.gov.}} | + | {{#eimage:https://www.cia.gov/library/publications/the-world-factbook/graphics/flags/large/in-lgflag.gif|410x579px|thumb|<BR/>Source: cia.gov.}} |
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| − | {{#eimage:https://www.cia.gov/library/publications/the-world-factbook/graphics/maps/in-map.gif|410x579px|thumb|'''Map of India.'''<BR/>Source: cia.gov.}} | + | {{#eimage:https://www.cia.gov/library/publications/the-world-factbook/graphics/maps/in-map.gif|410x579px|thumb|<BR/>Source: cia.gov.}} |
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| − | {{#eimage:https://www.cia.gov/library/publications/the-world-factbook/graphics/locator/sas/in_large_locator.gif|410x579px|thumb|'''Map of India.'''<BR/>Source: cia.gov.}} | + | {{#eimage:https://www.cia.gov/library/publications/the-world-factbook/graphics/locator/sas/in_large_locator.gif|410x579px|thumb|<BR/>Source: cia.gov.}} |
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| | {{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/7/70/KolkataFlowermarket.jpg/780px-KolkataFlowermarket.jpg|410x579px|thumb|'''Vendors selling flowers in a Kolkata market.'''<BR/>Source: Wikipedia.org.}} | | {{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/7/70/KolkataFlowermarket.jpg/780px-KolkataFlowermarket.jpg|410x579px|thumb|'''Vendors selling flowers in a Kolkata market.'''<BR/>Source: Wikipedia.org.}} |
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| | {{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/f/f5/Taj_Mahal_2012.jpg/800px-Taj_Mahal_2012.jpg|410x579px|thumb|'''The Taj Mahal.'''<BR/>Source: Wikipedia.org.}} | | {{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/f/f5/Taj_Mahal_2012.jpg/800px-Taj_Mahal_2012.jpg|410x579px|thumb|'''The Taj Mahal.'''<BR/>Source: Wikipedia.org.}} |
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| − | {{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/1/1d/Filles_jouant_%C3%A0_la_marelle%2C_Jaura%2C_Inde.jpg/800px-Filles_jouant_%C3%A0_la_marelle%2C_Jaura%2C_Inde.jpg|410x579px|thumb|'''Girls playing hopscotch in Jaura, India.'''<BR/>Source: Wikipedia.org.}} | + | {{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/1/1d/Filles_jouant_%C3%A0_la_marelle%2C_Jaura%2C_Inde.jpg/800px-Filles_jouant_%C3%A0_la_marelle%2C_Jaura%2C_Inde.jpg|410x579px|thumb|'''Girls playing hopscotch in Jaura'''<BR/>Source: Wikipedia.org.}} |
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| − | {{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/a/a1/Delhi_Montage.jpg/296px-Delhi_Montage.jpg|410x579px|thumb|'''Collage of New Dehli, India.'''<BR/>Source: Wikipedia.org.}} | + | {{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/a/a1/Delhi_Montage.jpg/296px-Delhi_Montage.jpg|410x579px|thumb|'''Collage of New Dehli'''<BR/>Source: Wikipedia.org.}} |
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| | {{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/f/ff/Jama_Masjid_Delhi.JPG/800px-Jama_Masjid_Delhi.JPG|410x579px|thumb|'''The Masjid-i-Jahan Numa in New Dehli.'''<BR/>Source: Wikipedia.org.}} | | {{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/f/ff/Jama_Masjid_Delhi.JPG/800px-Jama_Masjid_Delhi.JPG|410x579px|thumb|'''The Masjid-i-Jahan Numa in New Dehli.'''<BR/>Source: Wikipedia.org.}} |
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| | {{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/7/76/India_School.jpg/800px-India_School.jpg|410x579px|thumb|'''Women attend a literacy programme in Thiruputkuzhi, Tamil Nadu.'''<BR/>Source: Wikipedia.org.}} | | {{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/7/76/India_School.jpg/800px-India_School.jpg|410x579px|thumb|'''Women attend a literacy programme in Thiruputkuzhi, Tamil Nadu.'''<BR/>Source: Wikipedia.org.}} |
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| − | {{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/0/09/Mumbai_Train_Station.jpg/800px-Mumbai_Train_Station.jpg|410x579px|thumb|'''The Chhatrapati Shivaji Terminus, formerly known as Victoria Terminus, is the headquarters of the Central Railway and a UNESCO World Heritage Site.'''<BR/>Source: Wikipedia.org.}}
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| | {{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/b/bf/Mumbai_Montage.jpg/293px-Mumbai_Montage.jpg|410x579px|thumb|'''Collage of Mumbai.'''<BR/>Source: Wikipedia.org.}} | | {{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/b/bf/Mumbai_Montage.jpg/293px-Mumbai_Montage.jpg|410x579px|thumb|'''Collage of Mumbai.'''<BR/>Source: Wikipedia.org.}} |
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| − | '''Notice: As of July 14, 2014, all individuals and agencies facilitating international adoptions must be in compliance with the Intercountry [[Universal Accreditation Act]].'''
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| − | =India Adoption Alert=
| + | '''Notice: As of July 14, 2014, all individuals and agencies facilitating [[international]] adoptions must be in compliance with the Intercountry [[Universal Accreditation Act]].''' |
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| − | <span style="color:red">'''Notice: India Opens Online Registration for Overseas Citizen of India Prospective [[Adoptive Parents]] Seeking Referral of Non-[[Special Needs]] Child (March 6, 2014)'''
| + | The information contained on this website is for educational purposes only and is not intended to be a substitute for professional legal advice. Always seek the advice of a licensed and qualified professional. While the content of this website is frequently updated, information changes rapidly and therefore, some information may be out of date, and/or contain inaccuracies, omissions or typographical errors. |
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| − | This is an update to our notice dated February 6, 2014, announcing that India opened online registration for Non-resident Indian prospective [[Adoptive Parents|adoptive parents]] seeking to [[adopt]] Indian children not classified as [[Special Needs|special needs]] (see CARA’s January 1, 2014, announcement)
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| − | CARA informed the U.S. Central Authority that effective March 3, 2014, CARA will accept online registration from Enlisted Foreign [[Adoption Agencies]] (EFAAs) on behalf of individuals who have Overseas Citizen of India (OCI) status for this expanded group of eligible children (See CARA’s February 28, 2014, announcement). CARA will accept 50 registrations per month worldwide for non-[[Special Needs Children|special needs children]] on a first-come, first-served basis. At this time, CARA is not considering online registration for prospective [[Adoptive Parents|adoptive parents]] of Indian origin who have Person of Indian Origin (PIO) status. There is no limitation on the number of registrations for children with [[Special Needs|special needs]].
| + | =About India= |
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| | + | The Indus Valley civilization, one of the world's oldest, flourished during the 3rd and 2nd millennia B.C. and extended into northwestern [[India]]. Aryan tribes from the northwest infiltrated the Indian subcontinent about 1500 B.C.; their merger with the earlier Dravidian inhabitants created the classical Indian culture. To learn more please read [[About India]] and [[About India (The Country)]]. |
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| − | <span style="color:red">'''Notice: India Opens Online Registration for Non-Resident Indian Prospective [[Adoptive Parents]] Seeking Referral of Non-[[Special Needs]] Child (February 6, 2014)'''
| + | To learn about the lyrics and history of the national anthem please read [[Indian National Anthem]]. |
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| − | This is an update to our notice dated November 30, 2012, announcing a temporary suspension on the acceptance of new intercountry [[adoption]] applications by the Central [[Adoption]] Resource Authority (CARA) and our notice dated March 28, 2013, announcing the partial lifting of the suspension for children classified by CARA as [[Special Needs|special needs]].
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| − | CARA informed the U.S. Central Authority that effective February 3, 2014, Indian passport holders may register to [[adopt]] Indian children not classified as [[Special Needs|special needs]] (see CARA's January 1, 2014, announcement). CARA will accept online registration from Enlisted Foreign [[Adoption Agencies]] (EFAAs) on behalf of non-resident Indians (NRIs) for this expanded group of eligible children. CARA will accept 50 registrations from Indian passport holders per month worldwide for non-[[Special Needs Children|special needs children]] on a first-come, first-served basis. At this time, CARA is not considering online registration for prospective [[Adoptive Parents|adoptive parents]] of Indian origin who hold Overseas Citizen of India (OCI) or Person of Indian Origin (PIO) cards. There is no limitation on the number of registrations for children with [[Special Needs|special needs]].
| + | To learn more about various [[India]] facts and please read [[India Travel Fact Sheet]]. |
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| | + | =India Adoption Alert= |
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| − | =Hague Convention Information=
| + | There have been multiple [[adoption]] alerts for [[India]] over the years. To learn more please read [[India Adoption Alert]]. |
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| − | India is party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry [[Adoption]] ([http://adoption.state.gov/hague_convention/overview.php Hague Adoption Convention]). Intercountry [[adoption]] processing in Hague countries is done in accordance with the requirements of the Convention; the U.S. implementing legislation, the Intercountry [[Adoption]] Act of 2000 (IAA); and the IAA’s implementing regulations, as well as the implementing legislation and regulations of India.
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| | + | =Hague Convention Information= |
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| − | In January 2011, India implemented new procedures to provide more centralized processing of intercountry adoptions. In addition to the new guidelines, prospective [[Adoptive Parents|adoptive parents]] should be aware of all Indian laws that apply to intercountry [[adoption]]. A child can be legally placed with the prospective [[Adoptive Parents|adoptive parents]] under the Hindu [[Adoption]] and Maintenance Act of 1956 (HAMA), the Guardians and Wards Act of 1890 (GAWA), or the Juvenile Justice (Care and Protection of Children) Act of 2000 (JJA).
| + | [[India]] is party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry [[Adoption]] ([http://adoption.state.gov/hague_convention/overview.php Hague Adoption Convention]). Intercountry [[adoption]] processing in Hague countries is done in accordance with the requirements of the Convention; the U.S. implementing [[legislation]], the Intercountry [[Adoption]] Act of 2000 (IAA); and the IAA’s implementing regulations, as well as the implementing [[legislation]] and regulations of [[India]]. To learn more please read about [[India and the Hague Convention]]. |
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| − | '''NOTE:''' Special transition provisions apply to adoptions initiated before April 1, 2008. Read about [http://adoption.state.gov/hague_convention/transition.php Transition Cases].
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| − | '''U.S. IMMIGRATION REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS'''
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| − | To bring an [[adopted]] child to the United States from India, you must meet [http://adoption.state.gov/adoption_process/who_can_adopt/eligibility.php eligibility and suitability requirements]. The U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) determines [http://adoption.state.gov/adoption_process/who.php who can adopt] under U.S. immigration law. Additionally, a child must meet the definition of Convention [[adoptee]] under U.S. law in order to immigrate to the United States on an IH-3 or IH-4 immigrant visa.
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| | =Who Can Adopt= | | =Who Can Adopt= |
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| − | In addition to the U.S. requirements, prospective [[Adoptive Parents|adoptive parents]] need to meet India’s requirements to [[adopt]] a child from India: | + | In addition to the U.S. requirements, prospective [[Adoptive Parents|adoptive parents]] need to meet [[India]]’s requirements to [[adopt]] a child from [[India]]. To learn more about these requirements please read [[Who Can Adopt from India]]. |
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| − | ==Residency==
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| − | There are no residency requirements. However, some Recognized Indian Placement Agencies (RIPAs) may ask prospective [[Adoptive Parents|adoptive parents]] to reside with the child for seven days before departure from India.
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| − | ==Age of Adopting Parents==
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| − | Prospective [[Adoptive Parents|adoptive parents]] should be at least 25 years of age and no more than 50 years of age if adopting a child age three or younger. Married couples may not have a combined age of more than 90 years. These provisions may be relaxed in exceptional cases, such as the [[adoption]] of older children, siblings, and children with [[Special Needs|special needs]]. Neither of the prospective [[Adoptive Parents|adoptive parents]], however, can be older than 50 years. See ‘Documents Required’ section for a list of required documents if a couple’s combined age is more than 90 years. If adopting a child older than three years of age, the prospective [[Adoptive Parents|adoptive parents]] should be at least 25 and no more than 55 years of age. Married couples may not have a combined age of more than 105 years. Single prospective [[Adoptive Parents|adoptive parents]] must be more than 30 and less than 50 years of age. The maximum age is 45 years to [[adopt]] children younger than three, and 50 years to [[adopt]] children older than three.
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| − | ==Marriage==
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| − | A married couple must be in a stable relationship for at least five years. Same-sex couples are not eligible to [[adopt]] in India.
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| − | ==Income==
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| − | Prospective [[Adoptive Parents|adoptive parents]] should demonstrate adequate financial resources.
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| − | ==Other==
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| − | A second [[adoption]] from India will be considered only after the legal [[adoption]] of the first child is completed, except in the case of siblings [[adopted]] at the same time. Prospective [[Adoptive Parents|adoptive parents]] must be free from any contagious or terminal disease or any mental or physical condition that may prevent them from taking care of the child. A single male is not permitted to [[adopt]] a female child.
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| | =Who Can Be Adopted= | | =Who Can Be Adopted= |
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| − | Because India is party to the Hague [[Adoption]] Convention, children from India must meet the requirements of the Convention in order to be eligible for [[adoption]]. For example, the [[adoption]] may take place only if the competent authorities of India have determined that placement of the child within India has been given due consideration and that an intercountry [[adoption]] is in the child’s best interests. In addition to India’s requirements, a child must meet the definition of Convention [[adoptee]] to be eligible for an immigrant visa that will allow you to bring him or her to the United States. | + | Because [[India]] is party to the Hague [[Adoption]] Convention, children from [[India]] must meet the requirements of the Convention in order to be eligible for [[adoption]]. To learn more about these requirements please read [[Who Can Be Adopted from India]]. |
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| − | '''ELIGIBILITY REQUIREMENTS:'''
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| − | '''[[Relinquishment]] and [[Abandonment]]:''' Regional Child Welfare Committees (CWCs) determine whether a child has been relinquished or abandoned for [[adoption]] purposes.
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| − | '''Age of Adoptive Child:''' Children up to 18 years of age are eligible for intercountry [[adoption]], as cleared by the CWC. (Note: Under U.S. immigration laws, children [[adopted]] through the Convention process must be under the age of 16 at the time a petition is filed on their behalf, unless they are the older sibling under age 18 of a child also [[adopted]] by the same prospective [[Adoptive Parents|adoptive parents]]).
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| − | '''Sibling Adoptions:''' Sibling adoptions are encouraged. The maximum age limit for intercountry [[adoption]] may be waived if the CWC approves.
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| − | '''[[Special Needs]] or Medical Conditions:''' CARA reviews the homestudy to ensure that prospective [[Adoptive Parents|adoptive parents]] are equipped to provide appropriate care for the child.
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| − | '''Waiting Period or [[Foster Care]]:''' Prospective [[Adoptive Parents|adoptive parents]] can foster a child with permission from the RIPA and after obtaining a “No Objection Certificate” (NOC) from CARA. The prospective [[Adoptive Parents|adoptive parents]] must submit an [[affidavit]] indicating they will not leave the country without a valid court order, and may choose to provide a copy to the U.S. Embassy in New Delhi.
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| − | '''Intra-Family [[Adoption]]:''' CARA is in the process of finalizing specific procedures for intra-family [[adoption]]. In the meantime, the CARA will consider applications for intra-family [[adoption]] on a case-by-case basis in exigent circumstances, such as in cases where both of the child’s parents have died. Prospective [[Adoptive Parents|adoptive parents]] should submit an approved [[Home Study|home study]] report and a letter from a Hague accredited [[Adoption Service Provider|adoption service provider]] stating that the [[Adoption Service Provider|adoption service provider]] will help process the case, including a commitment to provide periodic post-[[adoption]] reporting. Prospective [[Adoptive Parents|adoptive parents]] habitually residing in the United States must also follow U.S. immigration procedures applicable to children [[adopted]] under the Convention.
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| − | '''[[Adoption]] of Tibetan Children:''' CARA will not process cases involving the [[adoption]] of Tibetan children. If prospective [[Adoptive Parents|adoptive parents]] are adopting a Tibetan child, the Ministry of External Affairs (MEA) may consider granting a clearance for the [[adoption]] or guardianship order. The MEA has taken these on a case-by-case basis, and the process can be very time-consuming.
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| | =How to Adopt= | | =How to Adopt= |
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| | ==Adoption Authority== | | ==Adoption Authority== |
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| − | '''WARNING:''' India is party to the Hague [[Adoption]] Convention. Do not [[adopt]] or obtain [[Legal Custody|legal custody]] of a child in India before a U.S. consular officer issues an “Article 5 Letter” in the case. Read on for more information. | + | '''WARNING:''' [[India]] is party to the Hague [[Adoption]] Convention. Do not [[adopt]] or obtain [[Legal Custody|legal custody]] of a child in [[India]] before a U.S. consular officer issues an “Article 5 Letter” in the case. Read on for more information. |
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| − | '''India’s [[Adoption]] Authority''' | + | '''[[India]]’s [[Adoption]] Authority''' |
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| | Central [[Adoption]] Resource Authority | | Central [[Adoption]] Resource Authority |
| | Ministry of Women and Child Development | | Ministry of Women and Child Development |
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| − | '''NOTE:''' If any of the following occurred prior to April 1, 2008 (the date on which the Hague [[Adoption]] Convention entered into force with respect to the United States), the Hague [[Adoption]] Convention may not apply to your [[adoption]]: 1) you filed a Form [[I-600A]] identifying India as the country where you intended to [[adopt]]; 2) you filed a Form [[I-600]]; or, 3) the [[adoption]] was completed. Under these circumstances, your [[adopted]] child’s visa application could continue to be processed in accordance with the immigration regulations for non-Convention adoptions. For more information, read about [http://adoption.state.gov/hague_convention/transition.php Transition Cases]. | + | '''NOTE:''' If any of the following occurred prior to April 1, 2008 (the date on which the Hague [[Adoption]] Convention entered into force with respect to the United States), the Hague [[Adoption]] Convention may not apply to your [[adoption]]: 1) you filed a Form [[I-600A]] identifying [[India]] as the country where you intended to [[adopt]]; 2) you filed a Form [[I-600]]; or, 3) the [[adoption]] was completed. Under these circumstances, your [[adopted]] child’s visa application could continue to be processed in accordance with the immigration regulations for non-Convention adoptions. For more information, read about [https://travel.state.gov/content/travel/en/Intercountry-Adoption/Adoption-Process/how-to-adopt/hague-transition-cases.html Transition Cases]. |
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| | ==The Process== | | ==The Process== |
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| − | Because India is party to the Hague [[Adoption]] Convention, adopting from India must follow a specific process designed to meet the Convention’s requirements. A brief summary of the Convention [[adoption]] process is given below. You must complete these steps in the following order to meet all necessary legal requirements. Adoptions completed out of order may not confer immigration benefits on the [[adopted]] child (i.e. it is possible the child would not qualify for an immigrant visa if [[adopted]] out of order). | + | Because [[India]] is party to the Hague [[Adoption]] Convention, adopting from [[India]] must follow a specific process designed to meet the Convention’s requirements. A brief summary of the Convention [[adoption]] process is given below. You must complete these steps in the following order to meet all necessary legal requirements. Adoptions completed out of order may not confer immigration benefits on the [[adopted]] child (i.e. it is possible the child would not qualify for an immigrant visa if [[adopted]] out of order). |
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| | # Choose a U.S. accredited or approved [[Adoption Service Provider|adoption service provider]] | | # Choose a U.S. accredited or approved [[Adoption Service Provider|adoption service provider]] |
| | # Apply to USCIS to be found eligible to [[adopt]] | | # Apply to USCIS to be found eligible to [[adopt]] |
| − | # Be matched with a child by authorities in India | + | # Be matched with a child by authorities in [[India]] |
| | # Apply to USCIS for the child to be found eligible for immigration to the United States and receive U.S. agreement to proceed with the [[adoption]] | | # Apply to USCIS for the child to be found eligible for immigration to the United States and receive U.S. agreement to proceed with the [[adoption]] |
| − | # [[Adopt]] (or obtain [[Legal Custody|legal custody]] of) the Child in India | + | # [[Adopt]] (or obtain [[Legal Custody|legal custody]] of) the Child in [[India]] |
| | # Obtain a U.S. immigrant visa for your child and bring your child home | | # Obtain a U.S. immigrant visa for your child and bring your child home |
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| | + | For more information on this process please read about [[How to Adopt from India]]. |
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| − | '''1. Choose a U.S. Accredited or Approved [[Adoption Service Provider]]'''
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| − | The first step in adopting a child from India is to select an [[Adoption Service Provider|adoption service provider]] in the United States that has been accredited or approved to provide services to U.S. citizens in Convention cases. Only accredited or approved [[adoption]] services providers may act as the primary provider in your case. The primary [[Adoption Service Provider|adoption service provider]] is responsible for ensuring that all [[adoption]] services in the case are completed in accordance with the Hague [[Adoption]] Convention and U.S. laws and regulations. Learn more about [http://adoption.state.gov/hague_convention/accreditation.php Agency Accreditation].
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| − | In addition, your accredited [[Adoption Service Provider|adoption service provider]] must be authorized to operate in India. Under Indian law, foreign prospective [[Adoptive Parents|adoptive parents]] considering [[adoption]] of a child from India are required to use an [[Adoption Service Provider|adoption service provider]] that is “enlisted” (registered) with CARA. Further details on enlisted agencies may be found on the CARA website.
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| − | '''2. Apply to USCIS to be Found Eligible to [[Adopt]]'''
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| − | After you choose an accredited or approved [[Adoption Service Provider|adoption service provider]], you must apply to be found eligible to [[adopt]] by the responsible U.S. government agency, the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS), by submitting Form I-800A. Read more about [http://adoption.state.gov/adoption_process/who_can_adopt/eligibility.php Eligibility Requirements].
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| − | Once USCIS determines that you are “eligible” and “suited” to [[adopt]] by approving the Form I-800A, your [[Adoption Service Provider|adoption service provider]] will provide your approval notice, [[Home Study|home study]], and any other required information to the [[adoption]] authority in India as part of your [[adoption]] [[dossier]]. CARA will review your application to determine whether you are also eligible to [[adopt]] under India law.
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| − | '''3. Be Matched with a Child in India'''
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| − | If both the United States and India determine that you are eligible to [[adopt]], and a child is available for [[adoption]], CARA may provide you with a referral of a child. The referral is a proposed match between you and a specific child based on a review of your [[dossier]] and the needs of a specific child in India. CARA will provide a background study and other information, if available, about the child to help you decide whether or not to accept the referral. Each family must decide for itself whether or not it will be able to meet the needs and provide a permanent home for a particular child. If you accept the referral, your [[Adoption Service Provider|adoption service provider]] will communicate that to CARA. [http://adoption.state.gov/adoption_process/how_to_adopt/childeligibility.php Learn more] about this critical decision.
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| − | '''Details about India’s [[Matching]] Process:'''
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| − | India first tries to place abandoned or relinquished children with an Indian family in India. If that is not possible, they give preference to an ethnic Indian family residing abroad. If no Indian family can be found, the child may be placed with a non-Indian family. An intercountry [[adoption]] shall be completed within 45 days from receipt of the NOC from CARA.
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| − | '''4. Apply to USCIS for the Child to be Found Eligible for Immigration to the United States and Receive U.S. Agreement to Proceed with the [[Adoption]]'''
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| − | After you accept a match with a child, you will apply to the U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) for provisional approval for the child to immigrate to the United States (Form I-800). USCIS will make a provisional determination as to whether the child meets the definition of a Convention [[Adoptee]] and will be eligible to enter the United States and reside permanently as an immigrant.
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| − | After Form I-800 is provisionally approved by USCIS, the case file is transferred to the U.S. Embassy in New Delhi via the U.S. Department of State's National Visa Center, which electronically forwards it to the Embassy. Upon receipt of the file, the Embassy will contact you and your [[Adoption Service Provider|adoption service provider]] by e-mail to ask you to submit the Electronic Immigrant Visa Application (DS-260). To complete the DS-260 online you will need to enter the Case Number and Invoice ID Number on the DS-260 login page. You may contact the National Visa Center (NVC) by e-mail at NVCAdoptions@state.gov, or call 1-603-334-0700, to obtain the invoice ID Number. The Embassy will ask you or your [[Adoption Service Provider|adoption service provider]] to send a scanned copy of a color photo of your child and a scanned copy of the DS-260 confirmation page to NDAdopt@state.gov. Once the Consular Officer receives the visa application, the officer reviews the Form I-800 and the visa application for possible visa ineligibilities. If the Consular Officer determines that the child appears eligible to immigrate to the United States, the Embassy will issue the Article 5 letter. The original Article 5 letter will be mailed to CARA and a scanned copy will be sent by e-mail to you or your [[Adoption Service Provider|adoption service provider]].
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| − | '''WARNING:''' The consular officer will send a letter (referred to as an “Article 5 Letter”) to CARA in any intercountry [[adoption]] involving U.S. citizen parents and a child from India where all Convention requirements are met and the consular officer determines that the child appears eligible to immigrate to the United States. This letter will inform the CARA that the parents are eligible and suited to [[adopt]], that all indications are that the child may enter and reside permanently in the United States, and that the U.S. Central Authority agrees that the [[adoption]] may proceed.
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| − | Do not attempt to [[adopt]] or obtain [[custody]] of a child in India before a U.S. consular officer issues the Article 5 Letter in any [[adoption]] case.
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| − | '''''Remember: The consular officer will make a final decision about a child’s eligibility for an immigrant visa later in the [[adoption]] process.'''''
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| − | '''5. [[Adopt]] (or Obtain [[Legal Custody]]) of Child in India'''
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| − | '''''Remember: Before you [[adopt]] (or obtain [[Legal Custody|legal custody]] of) a child in India, you must have completed the above four steps. Only after completing these steps, can you proceed to finalize the [[adoption]] or grant of [[custody]] for the purposes of [[adoption]] in India.'''''
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| − | The process for finalizing the [[adoption]] (or obtaining [[Legal Custody|legal custody]]) in India generally includes the following:
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| − |
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| − | *'''Role of [[Adoption]] Authority:'''Regulates and monitors intercountry adoptions, and implements the Hague [[Adoption]] Convention; provides information regarding abandoned/relinquished/orphaned children available for intercountry [[adoption]]; coordinates [[matching]] with appropriate RIPA; issues the ‘No Objection Certificates” (NOCs); oversees recognition of RIPAs and [[adoption]] service providers; and issues confirmatory certificates (Article 23) for cases for adoptions completed in India.
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| − | *'''Role of the Court:''' When CARA receives the Article 5 letter from the U.S. Embassy in New Delhi, CARA issues an NOC and sends it to the RIPA. At that point, the RIPA submits all required documents within 15 working days to an Indian court with [[jurisdiction]]. The competent Indian court then issues an [[adoption]] or guardianship order for the placement of the child with the prospective [[Adoptive Parents|adoptive parents]]. Prospective [[Adoptive Parents|adoptive parents]] have reported that it usually takes about two months to issue an appropriate order. A child can be legally placed with the prospective [[Adoptive Parents|adoptive parents]] under the Hindu Adoptionand Maintenance Act, 1956 (HAMA), the Guardians and Wards Act of 1890 (GAWA), or the Juvenile Justice (Care and Protection of Children) Act of 2000, as amended in 2006 (JJA). Based on their eligibility, the prospective [[Adoptive Parents|adoptive parents]] will decide under which act they will file their petition and should understand the implications. Non-Indian U.S. citizens are permitted (and encouraged) to complete a full and final [[adoption]] of an Indian child under the JJA. Information about Indian [[adoption]] laws may be found on CARA’s[http://adoptionindia.nic.in/index.htm website]. RIPAs are not permitted to file a petition in the competent court for a grant of [[custody]] or a full and final [[adoption]] without an NOC from CARA. No child (orphaned, abandoned, or relinquished) is permitted to depart India without a NOC from CARA and the relevant court order.
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| − | *'''Role of [[Adoption Agencies]]:''' The U.S. accredited [[Adoption Service Provider|adoption service provider]] facilitates adoptions by U.S. prospective [[Adoptive Parents|adoptive parents]] in India. The U.S. [[Adoption Service Provider|adoption service provider]] either conducts or oversees the prospective [[Adoptive Parents|adoptive parents]]’ [[Home Study|home study]] to ensure it complies with U.S. and state law where the prospective [[Adoptive Parents|adoptive parents]] reside. After the provisional approval of Form I-800, the [[Adoption Service Provider|adoption service provider]] coordinates with the U.S Embassy in New Delhi for issuance of an Article 5 letter and the NOC from CARA. The [[Adoption Service Provider|adoption service provider]] also coordinates with the respective RIPA for the issuance of [[adoption]]/guardianship order by the Indian court and the child’s passport.
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| − | *'''Time Frame:''' Once the prospective [[Adoptive Parents|adoptive parents]] have a provisionally approved Form I-800, they should expect it to take up to six months or longer to complete the [[adoption]] and secure the necessary documentation. Please note that obtaining an Indian passport for an [[adopted]] child often takes an additional four weeks, however, some prospective [[Adoptive Parents|adoptive parents]] have reported waiting as long as two months.
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| − | *'''[[Adoption]] Application:''' Prospective [[Adoptive Parents|adoptive parents]], in coordination with their [[Adoption Service Provider|adoption service provider]], must submit an online application [http://adoptionindia.nic.in/mainlogin.aspx Here].
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| − | *'''[[Adoption]] Fees:''' [[Adoption Costs|Adoption costs]] vary; rates can differ between municipalities. The Department of State discourages the payment of any fees that are not properly receipted that may be requested from prospective [[Adoptive Parents|adoptive parents]]. Such fees have the appearance of buying a baby, may be contrary to the Convention and U.S. law, and put all future [[adoption]] in India at risk. Your [[Adoption Service Provider|adoption service provider]] will itemize the fees and estimated expenses related to your [[adoption]] process in the [[adoption]] services contract that you sign at the beginning of the [[adoption]] process.
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| − | *'''Documents Required:''' You are required to submit the following documents to CARA through your [[Adoption Service Provider|adoption service provider]]:
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| − | ::::1. [[Home Study|Home study]] report (see information below for [[Home Study|home study]] reports for U.S. citizens residing in India);
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| − | ::::2 Recent photographs of the prospective adoptive family;
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| − | ::::3. Marriage certificate (if married);
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| − | ::::4. Certificate of medical fitness of the prospective [[Adoptive Parents|adoptive parents]], duly certified by a medical doctor;
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| − | ::::5. Declaration regarding the prospective [[Adoptive Parents|adoptive parents]]’ financial status, along with supporting documents;
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| − | ::::6. Three reference letters from relatives/friends regarding the suitability of the prospective [[Adoptive Parents|adoptive parents]] to [[adopt]];
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| − | ::::7. [[Adoption]] decrees of previously [[adopted]] child/children, if any;
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| − | ::::8. Police clearance report(s);
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| − | ::::9. Birth certificate/passport of prospective [[Adoptive Parents|adoptive parents]], as proof of age;
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| − | ::::10. Approval of the U.S. Central Authority (the Article 5 letter, discussed under “Apply for the Child to be Found Eligible for [[Adoption]]” above);
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| − | ::::11. Documentary proof of citizenship/nationality of prospective [[Adoptive Parents|adoptive parents]], such as a copy of U.S. passport;
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| − | ::::12. In cases where the prospective [[Adoptive Parents|adoptive parents]] are granted guardianship of a child (rather than a full and final [[adoption]]), a statement from the [[Adoption Service Provider|adoption service provider]] that the child will be legally [[adopted]] by the prospective [[Adoptive Parents|adoptive parents]] pursuant to the laws of the receiving country within two years of the child’s arrival in the receiving country. The [[Adoption Service Provider|adoption service provider]] will send certified copies of the [[adoption]] order to all concerned agencies/entities;
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| − | ::::13. Statement from the [[Adoption Service Provider|adoption service provider]] that follow-up reports on the welfare of the child will be sent semi-annually for a period of two years or until such time as the legal [[adoption]] is completed and citizenship is acquired in the receiving country;
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| − | ::::14. Power of Attorney from the prospective [[Adoptive Parents|adoptive parents]] in favor of the RIPA to process the case if the prospective [[Adoptive Parents|adoptive parents]] are not in India;
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| − | ::::15. Statement from the [[Adoption Service Provider|adoption service provider]] committing to care for the child and, with CARA’s approval, to find a suitable alternative placement if the [[adoption]] is disrupted before a full and final [[adoption]] is completed. The [[Adoption Service Provider|adoption service provider]] will report the alternative placement to the appropriate parties, including the Indian court handling guardianship/adoption proceedings; and
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| − | ::::16. Statement from the [[Adoption Service Provider|adoption service provider]] that it will pay any required [[adoption]] fees to the concerned Indian placement agency.
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| − | These additional documents may also be required:
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| − | ::::::::A. Statement from the prospective [[Adoptive Parents|adoptive parents]]’ biological and/or [[adopted]] children, and the prospective adoptive child (if old enough) giving their views concerning the [[Adoption Plan|adoption plan]];
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| − | ::::::::B. Divorce decree; and
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| − | ::::::::C. In cases where a couples’ combined age is over 90 years, a document from a younger family member expressing their willingness to look after the child in the event the [[Adoptive Parents|adoptive parents]] become incapacitated.
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| − | *'''[[Home Study]] Reports for Americans Residing Abroad:'''CARA has advised the U.S. Central Authority that prospective [[Adoptive Parents|adoptive parents]] residing in India for a year or more may ask a RIPA to prepare their [[Home Study|home study]] report, under the supervision of their U.S. [[Adoption Service Provider|adoption service provider]]. The RIPA must have a written agreement with the [[Adoption Service Provider|adoption service provider]] to provide [[Home Study|home study]] services. In addition, the [[Home Study|home study]] must be reviewed and approved by the U.S. [[Adoption Service Provider|adoption service provider]] before it is submitted to USCIS with the prospective [[Adoptive Parent|adoptive parent]]’s I-800A application.
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| − | *'''Authentication of Documents:''' The United States and India are parties to the Hague [[Apostille]] Convention. U.S. public documents may be authenticated with Apostilles by the appropriate [http://www.hcch.net/index_en.php?act=authorities.details&aid=353 U.S. Competent Authority].
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| − |
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| − |
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| − | '''6. Obtain Immigrant Visa for Your Child and Bring Child Home'''
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| − |
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| − | Now that your [[adoption]] is complete (or you have obtained [[Legal Custody|legal custody]] of the child for the purpose of adopting the child in the United States), there are a few more steps to take before you can head home. Specifically, you need to apply for three documents before your child can travel to the United States:
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| − | ::1. Birth Certificate
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| − |
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| − | If you have finalized the [[adoption]] in India, you will first need to apply for a birth certificate for your child so that you can later apply for a passport.
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| − | If you have been granted [[custody]] for the purpose of adopting the child in the United States, the birth certificate you obtain will, in most cases, not yet include your name.
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| − | Once prospective [[Adoptive Parents|adoptive parents]] receive a court order, they may apply for a birth certificate in the municipal office of the region where the child was born, in coordination with the RIPA and their [[Adoption Service Provider|adoption service provider]]. They will need the court order, the NOC from CARA, and any document related to the birth of child as supporting documentation. If the [[adoption]] is completed in India, the birth certificate will indicate the name of the prospective [[Adoptive Parents|adoptive parents]]. The municipal office will issue the birth certificate with the child’s name as it appears on the court order even if it has been changed after [[adoption]]. This process takes at least two weeks.
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| − |
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| − | ::2. Indian Passport
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| − | Your child is not yet a U.S. citizen, so he/she will need a travel document or passport from India.
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| − |
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| − | The prospective [[Adoptive Parents|adoptive parents]] or RIPA may apply at the nearest Regional Passport Office for an Indian passport after they receive a court order for the child. The application should include the court order, the NOC from CARA, and the child’s birth record. It generally takes approximately four weeks to obtain an Indian passport. Some parents have reported, however, that the issuance of an Indian passport may take more than two months. Please see information below pertaining to the Government of India’s requirement to [[surrender]] one’s Indian passport when one acquires foreign citizenship.
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| − |
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| − | ::3. U.S. Immigrant Visa
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| − | After you obtain the new birth certificate and passport for your child, you also need to finalize your application for a U.S. visa for your child from the U.S. Embassy in New Delhi India. After the [[adoption]] (or [[custody]] for purpose of [[adoption]]) is granted you will need to apply for a U.S. visa for your [[adopted]] child for final review of the case, issuance of a U.S. Hague [[Adoption Certificate]] or Declaration of Grant of [[Custody]], final approval of the child’s I-800 petition, and to obtain your child’s visa. This immigrant visa allows your child to travel home with you. Please contact the U.S. Embassy New Delhi by e-mail at NDAdopt@State.Gov to schedule a visa appointment for your [[adopted]] child.
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| − |
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| − | The following is the list of the documents required by the U.S. Embassy in New Delhi in order to process immigrant visas for Indian children who have been [[adopted]] by U.S. citizens:
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| − | ::::1. Electronic Immigrant Visa Application (DS-260): DS-260 can be completed [http://ceac.state.gov/iv/ online]. Please enter the child’s date of birth in YYYYMMDD format in lieu of an “Invoice ID” on the DS-260 login page. These forms should be filled out by one of the [[Adoptive Parents|adoptive parents]] in your child's name before coming for the formal visa interview. Every item on the form should be answered. If information is not applicable, please write N/A in the block. Print and bring the DS-260 form confirmation page to the visa interview.
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| − | ::::2. Updated fingerprint notice of the prospective [[Adoptive Parents|adoptive parents]];
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| − | ::::3. Child's Indian passport;
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| − | ::::4. Two (2) Color frontal portrait photographs of the child with a WHITE background; the total frame should be 5 cm x 5 cm and the child's head size 3 cm x 3 cm;
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| − | ::::5. The original court order and a copy of the court order;
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| − | ::::6. The NOC from CARA;
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| − | ::::7. Visa Fee of $230 which can be paid in cash (Indian Rupees or U.S. Dollars). Payments cannot be made using a credit card;
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| − | ::::8. Medical examination report of the child. The medical examination needs to be done by an approved panel physician. A list of approved panel physicians can be found on New Delhi U.S. Embassy website. Read more about the [http://adoption.state.gov/us_visa_for_your_child/health.php Medical Examination].
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| − |
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| − | '''NOTE:''' Visa issuance after the final interview takes at least one business day. It is not possible to provide the visa to [[Adoptive Parents|adoptive parents]] on the day of the interview. [[Adoptive Parents|Adoptive parents]] should allow at least one business day after the interview before making final travel arrangements.
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| − | '''Child Citizenship Act'''
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| − | '''''For adoptions finalized abroad prior to the child’s entry into the United States:''''' A child will acquire U.S. citizenship upon entry into the United States if the [[adoption]] was finalized prior to entry and the child otherwise meets the requirements of the Child Citizenship Act of 2000.
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| − |
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| − | '''''For adoptions finalized after the child’s entry into the United States:''''' An [[adoption]] will need to be completed in your home state following your child’s entry into the United States for the child to acquire U.S. citizenship.
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| − |
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| − | '''''Please be aware that if your child did not qualify to become a citizen upon entry to the United States, it is very important that you take the steps necessary so that your child does qualify as soon as possible. Failure to obtain citizenship for your child can impact many areas of his/her life including family travel, eligibility for education and education grants, and voting. Read more about the Child Citizenship Act of 2000.'''''
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| − |
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| − |
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| − | '''Indian Law Regarding Possession of an Indian Passport Upon Acquisition of U.S. Citizenship'''
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| − |
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| − | Acquisition of U.S. citizenship under the [http://travel.state.gov/content/travel/english/legal-considerations.html Child Citizenship Act] might affect the child’s Indian citizenship rights. Under Indian law, the child might be required to [[surrender]] his or her passport and could be subject to penalties for failure to do so. Under Indian law, prior to obtaining any Indian consular services, such as an Indian visa, the child might also be required to renounce his or her Indian citizenship. Please contact the nearest Indian Embassy or consulate for details (see Contact Information below).
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| | =Traveling Abroad= | | =Traveling Abroad= |
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| − | U.S. citizens are required by law to enter and depart the United States on a valid U.S. passport. Only the U.S. Department of State has the authority to grant, issue, or verify U.S. passports. Getting or renewing a passport is easy. The [http://travel.state.gov/content/passports/english/passports.html Passport Application Wizard] will help you determine which passport form you need, help you to complete the form online, estimate your payment, and generate the form for you to print—all in one place. | + | U.S. citizens are required by law to enter and depart the United States on a valid U.S. passport. Only the U.S. Department of State has the authority to grant, issue, or verify U.S. passports. To learn more please read about [[Traveling Abroad in India]]. |
| − | | + | |
| − | | + | |
| − | '''Obtaining a Visa to Travel to India'''
| + | |
| − | | + | |
| − | | + | |
| − | In addition to a U.S. passport, you may also need to obtain a visa. A visa is an official document issued by a foreign country that formally allows you to visit. Where required, visas are affixed to your passport and allow you to enter a foreign nation. To find information about obtaining a visa for India, see the Department of State’s [http://travel.state.gov/content/passports/english/country.html Country Specific Information].
| + | |
| − | | + | |
| − | | + | |
| − | '''Staying Safe on Your Trip'''
| + | |
| − | | + | |
| − | | + | |
| − | Before you travel, it is always a good practice to investigate the local conditions, laws, political landscape, and culture of the country. The Department of State provides [http://travel.state.gov/content/passports/english/country.html Country Specific Information] for every country of the world about various issues, including the health conditions, crime, unusual currency or entry requirements, and any areas of instability.
| + | |
| − | | + | |
| − | | + | |
| − | '''Staying in Touch on Your Trip'''
| + | |
| − | | + | |
| − | | + | |
| − | When traveling during the [[adoption]] process, we encourage you to enroll with the Department of State. Enrollment makes it possible to contact you if necessary. Whether there is a family emergency in the United States or a crisis in India, enrollment assists the U.S. Embassy or Consulate in reaching you.
| + | |
| − | | + | |
| | | | |
| − | Enrollment is free and can be done online via the [https://step.state.gov/step/ Smart Traveler Enrollment Program (STEP)].
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| | =After Adoption= | | =After Adoption= |
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Line 100: |
| | '''POST-[[Adoption|ADOPTION]]/POST-PLACEMENT REPORTING REQUIREMENTS''' | | '''POST-[[Adoption|ADOPTION]]/POST-PLACEMENT REPORTING REQUIREMENTS''' |
| | | | |
| − | Some Indian courts require regular follow-up visits and post-[[adoption]] counseling by a licensed [[Social Worker|social worker]] until the child has adjusted to his/her new environment. The follow-up visits are generally for a period of one year or as directed by the court. Copies of the follow-up reports should be sent to the District Social Welfare Officer or other concerned State Government Department, Voluntary Scrutinizing Agency, and the court where the [[adoption]] or guardianship order was obtained. | + | Some Indian courts require regular follow-up visits and post-[[adoption]] counseling by a licensed [[Social Worker|social worker]] until the child has adjusted to his/her new environment. The follow-up visits are generally for a period of one year or as directed by the court. Copies of the follow-up reports should be sent to the District Social Welfare Officer or other concerned State Government Department, Voluntary Scrutinizing Agency, and the court where the [[adoption]] or [[guardianship]] order was obtained. |
| | | | |
| | CARA also requires [[Adoptive Parents|adoptive parents]] to submit post-placement reports on the child through their [[Adoption Service Provider|adoption service provider]] to CARA and the RIPA. The post-placement reports should be submitted quarterly during the first year, and twice a year during the second year after the child’s arrival in the United States. The reporting continues for two years after the child acquires U.S. citizenship. | | CARA also requires [[Adoptive Parents|adoptive parents]] to submit post-placement reports on the child through their [[Adoption Service Provider|adoption service provider]] to CARA and the RIPA. The post-placement reports should be submitted quarterly during the first year, and twice a year during the second year after the child’s arrival in the United States. The reporting continues for two years after the child acquires U.S. citizenship. |
| | | | |
| − | We strongly urge you to comply with India post-[[adoption]] requirements in a timely manner. Your [[Adoption Agency|adoption agency]] may be able to help you with this process. Your cooperation will contribute to that country’s history of positive experiences with American parents. | + | We strongly urge you to comply with [[India]] post-[[adoption]] requirements in a timely manner. Your [[Adoption Agency|adoption agency]] may be able to help you with this process. Your cooperation will contribute to that country’s history of positive experiences with American parents. |
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| | | | |
| | | | |
| − | Many [[Adoptive Parents|adoptive parents]] find it important to find support after the [[adoption]]. There are many public and private nonprofit post-[[adoption]] services available for children and their families. There are also numerous adoptive family support groups and [[adoptee]] organizations active in the United States that provide a network of options for adoptees who seek out other adoptees from the same country of origin. Take advantage of all the resources available to your family, whether it is another adoptive family, a support group, an advocacy organization, or your religious or community services. | + | Many [[Adoptive Parents|adoptive parents]] find it important to find support after the [[adoption]]. There are many public and private nonprofit post-[[adoption]] services available for children and their families. There are also numerous adoptive family support groups and [[adoptee]] [[organizations]] active in the United States that provide a network of options for adoptees who seek out other adoptees from the same country of origin. Take advantage of all the resources available to your family, whether it is another adoptive family, a support group, an advocacy organization, or your religious or community services. |
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| − | ==Contact Information==
| + | =Contact Information= |
| | | | |
| − | '''U.S. Embassy in India''' | + | '''U.S. Embassy in [[India]]''' |
| | | | |
| | Shantipath, Chanakyapuri | | Shantipath, Chanakyapuri |
| Line 337: |
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| | | | |
| | | | |
| − | '''India [[Adoption]] Authority''' | + | '''[[India]] [[Adoption]] Authority''' |
| | | | |
| | Central [[Adoption]] Resource Authority (CARA) | | Central [[Adoption]] Resource Authority (CARA) |
| Line 350: |
Line 151: |
| | | | |
| | | | |
| − | '''Embassy of India''' | + | '''Embassy of [[India]]''' |
| | | | |
| | 2107 [[Massachusetts]] Ave, N.W. | | 2107 [[Massachusetts]] Ave, N.W. |
| Line 359: |
Line 160: |
| | | | |
| | | | |
| − | India also has consulates in [[New York]], Chicago, Houston, Atlanta, and San Francisco. Please see list of Indian consulates in United States. | + | [[India]] also has consulates in [[New York]], Chicago, Houston, Atlanta, and San Francisco. Please see list of Indian consulates in United States. |
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| Line 392: |
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| | ==SOURCE== | | ==SOURCE== |
| | | | |
| − | '''Intercountry [[Adoption]], Bureau of Consular Affairs. U.S. Department of State Country Information'''[http://adoption.state.gov/country_information/country_specific_info.php?country-select=india] | + | '''Intercountry [[Adoption]], Bureau of Consular Affairs. U.S. Department of State Country Information''' [[adoption]].state.gov/country_information/country_specific_info.php?country-select=[[india]] |
| | | | |
| | [[Category: International Adoption]] | | [[Category: International Adoption]] |
The information contained on this website is for educational purposes only and is not intended to be a substitute for professional legal advice. Always seek the advice of a licensed and qualified professional. While the content of this website is frequently updated, information changes rapidly and therefore, some information may be out of date, and/or contain inaccuracies, omissions or typographical errors.
The Indus Valley civilization, one of the world's oldest, flourished during the 3rd and 2nd millennia B.C. and extended into northwestern India. Aryan tribes from the northwest infiltrated the Indian subcontinent about 1500 B.C.; their merger with the earlier Dravidian inhabitants created the classical Indian culture. To learn more please read About India and About India (The Country).
Shantipath, Chanakyapuri
New Delhi – 110021
Tel: 091-011-24198000
Fax: 091-011-24198407
Email: NDAdopt@State.gov
Internet: U.S. Embassy in India
For questions about immigration procedures:
National Customer Service Center (NCSC)
Tel: 1-800-375-5283 (TTY 1-800-767-1833)
Internet: USCIS
