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	=Who Can Be Adopted=		=Who Can Be Adopted=
		+	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.
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		+	'''ELIGIBILITY REQUIREMENTS:'''
		+
		+
		+	'''[[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.
		+
		+	'''[[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.
	=How to Adopt=		=How to Adopt=

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Revision as of 07:47, 21 March 2014

Hague Convention Information

India is party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (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.

In January 2011, India implemented new procedures to provide more centralized processing of intercountry adoptions. In addition to the new guidelines, prospective 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 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).

NOTE: Special transition provisions apply to adoptions initiated before April 1, 2008. Read about Transition Cases.

U.S. IMMIGRATION REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS

To bring an adopted child to the United States from India, you must meet eligibility and suitability requirements. The U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) determines 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.

Who Can Adopt

In addition to the U.S. requirements, prospective adoptive parents need to meet India’s requirements to adopt a child from India:

Residency

There are no residency requirements. However, some Recognized Indian Placement Agencies (RIPAs) may ask prospective adoptive parents to reside with the child for seven days before departure from India.

Age of Adopting Parents

Prospective 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. Neither of the prospective 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 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 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.

Marriage

A married couple must be in a stable relationship for at least five years. Same-sex couples are not eligible to adopt in India.

Income

Prospective adoptive parents should demonstrate adequate financial resources.

Other

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 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.

Who Can Be Adopted

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.

ELIGIBILITY REQUIREMENTS:

Relinquishment and Abandonment: Regional Child Welfare Committees (CWCs) determine whether a child has been relinquished or abandoned for adoption purposes.

'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).

Sibling Adoptions: Sibling adoptions are encouraged. The maximum age limit for intercountry adoption may be waived if the CWC approves.

Special Needs or Medical Conditions: CARA reviews the homestudy to ensure that prospective adoptive parents are equipped to provide appropriate care for the child.

Waiting Period or Foster Care: Prospective 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 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.

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 should submit an approved home study report and a letter from a Hague accredited adoption service provider stating that the adoption service provider will help process the case, including a commitment to provide periodic post-adoption reporting. Prospective adoptive parents habitually residing in the United States must also follow U.S. immigration procedures applicable to children adopted under the Convention.

Adoption of Tibetan Children: CARA will not process cases involving the adoption of Tibetan children. If prospective 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.

How to Adopt

Adoption Authority

The Process

Traveling Abroad

After Adoption

SOURCE

Intercountry Adoption, Bureau of Consular Affairs. U.S. Department of State Country Information