हिंदी समाचार पढ़े
Expand
O.P. Jindal Global University
 

Adoption Regulations, 2017

Adoption Regulations, 2017

Adoption Regulations, 2017 by latest laws team on Scribd

Adoption Regulations, 2017

Published vide Notification No. G.S.R. 3(E), dated 4th January, 2017

act2994

Ministry of Women and Child Development

G.S.R. 3(E). – In exercise of the powers conferred by clause (c) of section 68 read with clause (3) of section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), and in supersession of the Guidelines Governing Adoption of Children, 2015 published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (ii) dated the 17th July, 2015 vide notification number S.O. 1945 (E) dated the 17th July, 2015, except as respects things done or omitted to be done before such supersession, the Central Government hereby notifies the following adoption regulations as framed by the Central Adoption Resource Authority.

CHAPTER – I

Preliminary

  1. Short title and commencement.– (1) These regulations may be called Adoption Regulations, 2017.

(2) They shall come into force on the 16th January, 2017.

  1. Definitions.– In these regulations, unless the context otherwise requires. – (1) “Act”means the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016);

(2) “Adoption Committee” means the Committee comprising of the authorized office-bearer of the Specialized Adoption Agency concerned, its visiting doctor or a medical officer from a Government hospital and one official from the District Child Protection Unit; and shall also include a representative of the Child Care Institution, in case the adoption is from a Child Care Institution other than the Specialized Adoption Agency;

(3) “adoption fee” means the fee as prescribed by the authority to be received from the prospective adoptive parents directly, in case they are living in India and through Authorized Foreign Adoption Agency or Central Authority or the Government department, as the case may be, in cases of inter-country adoptions;

(4) “Child Adoption Resource Information and Guidance System” means an online information system for facilitating, guiding and monitoring the adoption programme;

(5) “child legally free for adoption” means a child declared as such by the Committee as per the format provided in Schedule I, after making due inquiry under section 38 of the Act;

(6) “Child Study Report” means the report which contains details about the child, including his date of birth and social background as per the format provided in Schedule II;

(7) “disruption” means the child being unmatched from the adoptive family due to non-adjustment of the child with the adoptive family after placement, but prior to the completion of the legal process of adoption;

(8) “dissolution” means the annulment of the adoption legally, due to non-adjustment of the child with the adoptive family, after the court decree for the adoption has been obtained;

(9) “habitual residence” means a place of settled dwelling, which constitutes the ordinary residence of a person at least for a period of one year;

(10) “Hague Adoption Convention” means the Hague Convention on Protection of Children and Cooperation in Respect of Inter-country Adoption(1993);

(11) “Home Study Report” means a report containing details of the prospective adoptive parents, which shall include social and economic status, family background, description of home and atmosphere therein and health status as per the format provided in Schedule VII;

(12) “in-country adoption” means adoption of a child by a citizen of India residing in India;

(13) “Medical Examination Report” means the report in respect of health condition of a child given by a duly licensed physician in the format provided in Schedule III and Schedule IV;

(14) “No Objection Certificate” means the certificate issued by the Authority permitting the child to be placed in adoption with foreign or overseas citizen of India or non-resident Indian prospective adoptive parents;

(15) “pending adoptions” means those adoption matters, where the prospective adoptive parents are already registered for adoption or who have accepted the referral of a child from a Specialized Adoption Agency or Child Care Institution before the expiry, suspension or withdrawal of recognition of such Specialized Adoption Agency or Child Care Institution;

(16) “pre-adoption foster care” means a stage when the temporary custody of a child is given to prospective adoptive parents, till the adoption order is granted by the competent court;

(17) “resident Indian” means an Indian citizen living in India;

(18) “rules” means the rules notified under section 110 of the Act;

(19) “Schedule” means a Schedule annexed to these regulations;

(20) “social worker” means a person having either post graduate degree in social work or sociology or psychology or child development, or a graduate degree in child education or child development or child protection, and who is engaged by the Child Care Institution or Specialized Adoption Agency or authorized by District Child Protection Unit or State Adoption Resource Agency or Central Adoption Resource Authority, and is having at least ten years’ experience in preparing Home Study Report, Child Study Report, rendering post-adoption services or performing any other work assigned to such person;

(21) “special need child” means a child who is mentally ill or physically challenged or both as specified in Schedule XVIII;

(22) words and expressions used but not defined in these regulations shall have the same meaning as assigned to them in the Act or the rules made thereunder.

  1. Fundamental principles governing adoption.– The following fundamental principles shall govern adoptions of children from India, namely:-

(a) the child’s best interests shall be of paramount consideration, while processing any adoption placement;

(b) preference shall be given to place the child in adoption with Indian citizens and with due regard to the principle of placement of the child in his own socio-cultural environment, as far as possible;

(c) all adoptions shall be registered on Child Adoption Resource Information and Guidance System and the confidentiality of the same shall be maintained by the Authority.

  1. Child eligible for adoption.– The following shall be eligible for adoption, namely:-

(a) any orphan or abandoned or surrendered child, declared legally free for adoption by the Child Welfare Committee;

(b) a child of a relative defined under sub-section (52) of section 2 of the Act;

(c) child or children of spouse from earlier marriage, surrendered by the biological parent(s) for adoption by the step-parent.

  1. Eligibility criteria for prospective adoptive parents.– (1) The prospective adoptive parents shall be physically, mentally and emotionally stable, financially capable and shall not have any life threatening medical condition.

(2) Any prospective adoptive parents, irrespective of his marital status and whether or not he has biological son or daughter, can adopt a child subject to following, namely:-

(a) the consent of both the spouses for the adoption shall be required, in case of a married couple;

(b) a single female can adopt a child of any gender;

(c) a single male shall not be eligible to adopt a girl child;

(3) No child shall be given in adoption to a couple unless they have at least two years of stable marital relationship.

(4) The age of prospective adoptive parents, as on the date of registration, shall be counted for deciding the eligibility and the eligibility of prospective adoptive parents to apply for children of different age groups shall be as under:-

Age of the child Maximum composite age of prospective adoptive parents (couple) Maximum age of single prospective adoptive parent
Upto 4 years 90 years 45 years
Above 4 and upto 8 years 100 years 50 years
Above 8 and upto 18 years 110 years 55 years

(5) In case of couple, the composite age of the prospective adoptive parents shall be counted.

(6) The minimum age difference between the child and either of the prospective adoptive parents shall not be less than twenty-five years.

(7) The age criteria for prospective adoptive parents shall not be applicable in case of relative adoptions and adoption by step-parent.

(8) Couples with three or more children shall not be considered for adoption except in case of special need children as defined in sub-regulation (21) of regulation 2, hard to place children as mentioned in regulation 50 and in case of relative adoption and adoption by step-parent.

CHAPTER II

Procedure Relating to Children for Adoption

  1. Procedure relating to orphan or abandoned child.– (1) The provisions relating to the process of declaring an orphan or abandoned child, as legally free for adoption are laid down in sections 31, 32, 36, clauses (a) to (c) and clause (h) of sub-section (1) of section 37 and section 40 of the Act, as well as under the relevant provisions of the rules made thereunder.

(2) An orphan or abandoned child received by a Child Care Institution, including a Specialized Adoption Agency, directly without the involvement of Child Welfare Committee, shall be produced before the Child Welfare Committee within twenty-four hours (excluding the journey time) along with a report as per the format given in Form 17 of Juvenile Justice (Care and Protection of Children) Model Rules, 2016 and a copy of such report shall be submitted by the Child Care Institution or the Specialized Adoption Agency, as the case may be, to the local police station within the same period.

(3) If a child is under treatment or not in a condition to be produced before the Child Welfare Committee, only documents related to the child shall be produced before the Child Welfare Committee within the said timeline and the Child Welfare Committee may visit the ailing child.

(4) The Child Welfare Committee, pending inquiry, shall issue an order in Form 18 of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016 for a short term placement or interim care of the child, as per the provisions of sub-section (c) of section 37 of the Act and the sub-rule 26 of rule 18 of the said rules.

(5) On admission of the child, his details and photograph shall be entered online in the Child Adoption Resource Information and Guidance System in the prescribed format by the Specialized Adoption Agency within three working days of receiving the child, and the photograph of the child shall be changed by the Specialized Adoption Agency every six months in Child Adoption Resource Information and Guidance System.

(6) For tracing out the biological parents or the legal guardian(s), the Child Welfare Committee, after taking into account the risk factors, and in the best interest of the child, may direct the District Child Protection Unit to advertise the particulars and photograph of an orphan or abandoned child in a national newspaper with wide circulation within three working days from the time of receiving the child and also ensure entry of data in the designated portal in its missing or found column by the concerned Child Care Institution or Specialized Adoption Agency.

(7) In case where the child is from another State, the publication shall be done in the known place of origin of the child in the local language and such publications shall be facilitated by State Adoption Resource Agency concerned.

(8) Wherever District Child Protection Unit is not functional, the District Magistrate concerned shall get such advertisement issued.

(9) In case the biological parents or legal guardian cannot be traced, despite the efforts specified in sub-regulations (6) to (8), the District Child Protection Unit shall accordingly, submit a report to the Child Welfare Committee within thirty days from the date of production of the child before the Child Welfare Committee.

(10) The Child Care Institution or Specialized Adoption Agency shall submit a report to the Child Welfare Committee, immediately on completion of thirty days from the date of production of the child, before the Child Welfare Committee and the report shall include any information revealed by the child during his short term placement and details of person(s) whosoever approached for claiming the child, if any.

(11) In case the report from the local police regarding the non-traceability of the biological parents or legal guardian is not submitted within two or four months in the case of an abandoned child less than two or four years of age respectively, such report shall be deemed to have been given.

(12) The Child Welfare Committee shall use the designated portal to ascertain whether the abandoned child or orphan child is a missing child.

(13) The Child Welfare Committee, after taking actions as per the provisions of the Act, rules made thereunder and these regulations shall issue an order signed by any three members of the Child Welfare Committee declaring the abandoned or orphan child as legally free for adoption in the format at Schedule I within a period of two or four months, from the date of production of the child before the Child Welfare Committee, in case of a child upto two or above two years of age respectively.

(14) The inquiry under section 36 of the Act and the order declaring an abandoned or orphan child as legally free for adoption by the Child Welfare Committee under section 38 of the Act shall be completed in the district where the child was initially found, or in the district to which the child is shifted under orders of the Child Welfare Committee.

(15) The Child Welfare Committee and Medical Examination Report of an orphan or abandoned child shall be prepared in the format at Schedule II and III respectively and posted in the Child Adoption Resource Information and Guidance System by the Specialized Adoption Agency maximum within ten days from the date the child is declared legally free for adoption and the details shall be updated on Child Adoption Resource Information and Guidance System every six months or whenever appreciable physical changes are observed in the child.

(16) The Child Welfare Committee and Medical Examination Report shall be made available in English, apart from the local language.

(17) The District Child Protection Unit shall facilitate the Specialized Adoption Agency in uploading the Child Study Report and Medical Examination Report in Child Adoption Resource Information and Guidance System, in case the Specialized Adoption Agency is facing any technical difficulty.

(18) The procedure for declaring a child of parents with mental disability as legally free for adoption by the Child Welfare Committee shall be done on the basis of a certificate reflecting mental disability of the parents from the medical board constituted by the Central Government or the State Government, as the case may be, as per guidelines for mental illness issued by the Government of India in the Ministry of Social Justice and Empowerment from time to time.

(19) In case of siblings or twins, the Child Welfare Committee shall specify the status of the children as siblings or twins and declare the children as legally free in a single order.

  1. Procedure relating to a surrendered child.– (1) A parent or guardian wishing to surrender a child under subsection (1) of section 35 of the Act, shall apply to the Child Welfare Committee in the Form 23 of Juvenile Justice (Care and Protection of Children) Model Rules, 2016.

(2) For parents or guardians who are unable to give an application, due to illiteracy or any other reason, the Child Welfare Committee shall facilitate the same through the legal aid counsel provided by the Legal Services Authority.

(3) The Deed of Surrender shall be executed as per Schedule V.

(4) If the surrendering parent is an unmarried mother, the Deed of Surrender may be executed in the presence of preferably any single female member of the Child Welfare Committee.

(5) If a child born to a married couple is to be surrendered, both parents shall sign the Deed of Surrender and in case one of them is dead, death certificate is required to be furnished in respect of the deceased parent.

(6) If a child born to a married couple is to be surrendered by one biological parent and the whereabouts of the other parent are not known, the child shall be treated as abandoned child and further procedures in accordance with regulation 6 of these regulations shall be followed.

(7) In case of a child born out of wedlock, only the mother can surrender the child and if the mother is a minor, the Deed of Surrender shall be signed by an accompanying adult as the witness.

(8) If the surrender is by a person other than the biological parents who is not appointed as a guardian by a court of law, the child shall be treated as abandoned child and further procedures in accordance with regulation 6 shall be followed.

(9) The Specialized Adoption Agency and the Child Welfare Committee shall ensure that a copy of the Deed of Surrender is given to the surrendering parents or person.

(10) The details of the child along with his photograph shall be entered online in the Child Adoption Resource Information and Guidance System by the Specialized Adoption Agency within three working days from the time of receiving the child.

(11) To discourage surrender by biological parents, efforts shall be made by the Specialized Adoption Agency or the Child Welfare Committee for exploring the possibility of parents retaining the child, which shall include counseling or linking them to the counseling center set up at the Authority or State Adoption Resource Agency, encouraging them to retain the child and explaining that the process of surrender is irrevocable.

(12) The Specialized Adoption Agency and the Child Welfare Committee shall ensure that the surrendering parents or the legal guardian is made aware that they can reclaim the surrendered child only within a period of sixty days from the date of surrender.

(13) Due regard shall be given to the privacy of the surrendering parents and the surrendered child by the authorities and agencies involved in the process.

(14) No public notice or advertisement shall be issued in the case of a surrendered child.

(15) In case the surrendering biological parent has not claimed back the child during the reconsideration period, the same shall be intimated by the Specialized Adoption Agency to the Child Welfare Committee on completion of sixty days from the date of surrender.

(16) The reconsideration period for the biological parents is specified in sub-section (3) of section 35 of the Act and no further notice shall be issued to the surrendering parents.

(17) The Child Welfare Committee shall issue an order signed by at least three members declaring the surrendered child as legally free for adoption after the expiry of sixty days from the date of surrender, in the format at Schedule I.

(18) The Child Study Report and Medical Examination Report of the surrendered child shall be prepared and posted in the Child Adoption Resource Information and Guidance System by the Specialized Adoption Agency, within ten days from the date the child is declared legally free for adoption, in the format at Schedule II and Schedule III of these Regulations respectively.

(19) The Child Study Report and Medical Examination Report shall be made available in English (apart from the local language) and the District Child Protection Unit shall facilitate the Specialized Adoption Agency in uploading the Child Study Report and Medical Examination Report in Child Adoption Resource Information and Guidance System, in case the Specialized Adoption Agency is facing any technical difficulty.

(20) Strict confidentiality shall be maintained in cases of all documents pertaining to biological parents in all circumstances unless the surrendering parents have expressed their willingness for divulging the same.

(21) The surrender of a child by an unwed mother before a single woman member of the Child Welfare Committee shall be considered as surrender of the child before the Committee as envisaged under section 35 of the Act, and her right to privacy has to be protected.

(22) The surrender of a child before Child Welfare Committee shall be in camera.

(23) The surrender of child or children by the biological parents for adoption by the step-parent shall be before the Child Welfare Committee, for adoption, on the ground of emotional and social factors as envisaged under subsection (1) of section 35 of the Act, in the format given at Schedule XXI.

  1. Availability of child for adoption.– As soon as a child is declared legally free for adoption by the Child Welfare Committee, such child shall be allowed to be given in adoption to a resident Indian or non-resident Indian parents:

Provided that such child shall be allowed to be given in inter-country adoption. –

(a) after sixty days, if the child is below five years of age;

(b) after thirty days, if the child is above five years of age or is a sibling;

(c) after fifteen days, if the child has any mental illness or physical disability as listed in Schedule XVIII.

Explanation. – For the purposes of this regulation, it is clarified that the time limits specified in the proviso shall be calculated from the date, the certificate issued by the Child Welfare Committee declaring the child as legally free for adoption, is uploaded in Child Adoption Resource Information and Guidance System.

CHAPTER III

Adoption Procedure for Resident Indians

  1. Registration and home study of the prospective adoptive parents.– (1) The Indian prospective adoptive parents irrespective of their religion, if interested to adopt an orphan or abandoned or surrendered child, shall apply for the same to Specialized Adoption Agencies through Child Adoption Resource Information and Guidance System by filling up the online application form, as provided in Schedule VI, and uploading the relevant documents thereby registering themselves as prospective adoptive parents.

(2) The prospective adoptive parents shall opt for desired State or States by giving option for those particular States at the time of registration.

(3) Registration on Child Adoption Resource Information and Guidance System would be a deemed registration in all Specialized Adoption Agencies of the State or States they have opted for.

(4) The registration number of prospective adoptive parents shall be available with all the Specialized Adoption Agencies in those State or States, as the case may be.

(5) The registration shall be complete and confirmed to the prospective adoptive parents immediately on receipt of the completed application form and requisite documents on Child Adoption Resource Information and Guidance System:

Provided that the documents shall be uploaded within a period of thirty days from the date of registration failing which the prospective adoptive parents have to register afresh.

(6) The prospective adoptive parents shall get their registration number from the acknowledgment slip and use it for viewing the progress of their application.

(7) The prospective adoptive parents shall select a Specialized Adoption Agency nearest to their residence for Home Study Report in their State of habitual residence.

(8) The Home Study Report of the prospective adoptive parents shall be prepared through the social worker of selected Specialized Adoption Agency and in case they are unable to conduct Home Study Report within stipulated time, they shall take the assistance of a social worker from a panel maintained by the State Adoption Resource Agency or District Child Protection Unit, as the case may be.

(9) The Specialized Adoption Agency or the empaneled social worker of the State Adoption Resource Agency or District Child Protection Unit shall counsel the prospective adoptive parents during the home study.

(10) The Home Study Report shall be completed in the format given in Schedule VII, within thirty days from the date of submission of requisite documents and shall be shared with the prospective adoptive parents immediately, thereafter.

(11) The Home Study Report shall be posted in the Child Adoption Resource Information and Guidance System by the Specialized Adoption Agency as soon as it is complete.

(12) The Home Study Report shall remain valid for three years and shall be the basis for adoption of a child by the prospective adoptive parents from anywhere in the country.

(13) The prospective adoptive parents shall be declared eligible and suitable by the Specialized Adoption Agency based upon the Home Study Report and supporting documents and in case any prospective adoptive parent is not declared eligible or suitable, the reasons for the same shall be recorded in the Child Adoption Resource Information and Guidance System.

(14) The prospective adoptive parents may appeal against the decision of rejection to the Authority as provided regulation 59.

(15) The appeal referred to in sub-regulation (14) shall be disposed of within a period of fifteen days and the decision of the Authority in this regard shall be binding.

(16) The District Child Protection Unit shall facilitate online registration of application of prospective adoptive parents, uploading of their documents and also for addressing technical difficulties faced by the Specialized Adoption Agencies.

(17) The adoption of a child by the prospective adoptive parents, after completion of their registration and Home Study Report, shall depend upon the availability of a suitable child.

  1. Referral of a child from a Specialized Adoption Agency through Child Adoption Resource Information and Guidance System to prospective adoptive parents.– (1) The seniority of the prospective adoptive parents for child referral shall be from the date of uploading of documents and completion of registration process in Child Adoption Resource Information and Guidance System.

(2) On the basis of seniority, the prospective adoptive parents shall be referred online profile of three children which will include the photographs, Child Study Report and Medical Examination Report, in their preference category, if any, from one or more Specialized Adoption Agencies through the Child Adoption Resource Information and Guidance System in one or more referrals.

(3) After viewing the profile of the child or children, the prospective adoptive parents may reserve one child within a period of forty-eight hours for possible adoption and the rest of the children would be released by Child Adoption Resource Information and Guidance System for other prospective adoptive parents in the waiting list.

(4) The Specialized Adoption Agency shall get the details of the prospective adoptive parents through the Child Adoption Resource Information and Guidance System for fixing an appointment with the prospective adoptive parents for matching, to assess the suitability of the prospective adoptive parents by an Adoption Committee as defined in sub-regulation (2) of regulation 2 and the Adoption Committee shall prepare the minutes of the meeting as per format provided in Schedule XXVII.

(5) The quorum of the Adoption Committee shall be two members and the quorum of the Adoption Committee in case of adoption from a Child Care Institution shall be three members, while the presence of one official from the District Child Protection Unit would be mandatory.

(6) The Specialized Adoption Agency shall also organize a meeting of the prospective adoptive parents with the child.

(7) The entire process of matching shall be completed within a maximum period of twenty days from the date of reserving the child.

(8) The Specialized Adoption Agency shall counsel the prospective adoptive parents when they visit the agency for matching.

(9) While accepting the child, the prospective adoptive parents shall sign the Child Study Report and Medical Examination Report which may be downloaded from the Child Adoption Resource Information and Guidance System, in the presence of the social worker or chief functionary of the Specialized Adoption Agency and the Specialized Adoption Agency shall record the acceptance by the prospective adoptive parents in the Child Adoption Resource Information and Guidance System.

(10) In case the prospective adoptive parents are not selected for the child by the Adoption Committee, the reason for non-selection of the prospective adoptive parents shall be recorded in the Child Adoption Resource Information and Guidance System.

(11) If grounds of rejection are found to be due to systemic error or on non-justifiable reasons, seniority of the prospective adoptive parents shall be retained.

(12) In case the prospective adoptive parents do not accept the reserved child or the Adoption Committee does not find the prospective adoptive parents suitable, then the prospective adoptive parents shall be relegated to the bottom of the seniority list, as on that date, who may avail a fresh chance when the seniority becomes due and the same procedure shall be followed in the subsequent chances.

(13) In all cases referred to in sub-regulations (12), the reasons for not considering the child have to be clearly stated in Child Adoption Resource Information and Guidance System.

(14) The registration of prospective adoptive parents shall continue till child adoption, with revalidation of the Home Study Report in every three years.

(15) The prospective adoptive parents may also get the Medical Examination Report of the child reviewed by a medical practitioner of their choice before giving their acceptance for adoption of the child.

  1. Pre-adoption foster care.– (1) The child shall be taken in pre-adoption foster care by the prospective adoptive parents within ten days from the date of matching, after signing the pre-adoption foster care undertaking in the format provided in Schedule VIII.

(2) The prospective adoptive parents shall provide original documents or notarized copy of the documents to the Specialized Adoption Agency as specified in Schedule IX.

  1. Legal procedure.– (1) The Specialized Adoption Agency shall file an application in the court concerned, having jurisdiction over the place where the Specialized Adoption Agency is located, with relevant documents in original as specified in Schedule IX within ten working days from the date of matching of the child with the prospective adoptive parents and in case of inter-country adoption, from the date of receiving No Objection Certificate from the Authority, for obtaining the adoption order from court.

(2) The Specialized Adoption Agency shall file an application in the given format as per Schedule XXVIII or XXIX, as applicable.

(3) In case the child is from a Child Care Institution, which is not a Specialized Adoption Agency and is located in another district, the Specialized Adoption Agency shall file the application in the court concerned, in the district where the child or the Specialized Adoption Agency is located and in such a case, the Child Care Institution will be a co-petitioner along with the Specialized Adoption Agency and the Child Care Institution shall render necessary assistance to the Specialized Adoption Agency concerned.

(4) In case of siblings or twins, the Specialized Adoption Agency shall file single application in the court.

(5) Since an adoption case is non-adversarial in nature, the Specialized Adoption Agency shall not make any opposite party or respondent in the adoption application.

(6) The court shall hold the adoption proceeding in-camera and dispose of the case within a period of two months from the date of filing of the adoption application by the Specialized Adoption Agency, as provided under subsection (2) of section 61 of the Act.

(7) The adoptive parents shall not be asked in the adoption order to execute any bond or make investment in the name of the child, considering the fact that their psycho-social profile and financial status have already been ascertained from the Home Study Report and other supporting documents.

(8) The Specialized Adoption Agency shall obtain a certified copy of the adoption order from the court and shall forward it to the prospective adoptive parents within ten days and it shall also post a copy of the order and update the relevant entries in the Child Adoption Resource Information and Guidance System.

(9) Registration of an adoption deed shall not be mandatory as per the Act.

(10) The Specialized Adoption Agency shall apply to the birth certificate issuing authority for obtaining the birth certificate of the child within three working days from the date of issuance of adoption order, with the name of adoptive parents as parents, and date of birth as recorded in the adoption order and the same shall be issued by the issuing authority within five working days from the date of receipt of the application.

(11) The Specialized Adoption Agency shall submit an affidavit to the court while filing a petition as provided in Schedule XXIII.

  1. Follow-up of progress of adopted child.– (1) The Specialized Adoption Agency which has prepared the Home Study Report, shall prepare the post-adoption follow-up report on six monthly basis for two years from the date of pre-adoption foster placement with the prospective adoptive parents, in the format as provided in Schedule XII and upload the same in Child Adoption Resource Information and Guidance System along with photographs of the child.

(2) In case the adoptive parents relocate, they shall inform the agency which has conducted their home study and the District Child Protection Unit of the district where they relocate.

(3) The District Child Protection Unit of the district of the current residence shall prepare the post-adoption followup report and upload the same in Child Adoption Resource Information and Guidance System.

(4) The Specialized Adoption Agency or the District Child Protection Unit as the case may be, shall arrange for counseling the adoptive parents and adoptee by social worker or link them to the counseling center set up at the Authority or State Agency, whenever required.

(5) In case the child is having adjustment problem with the adoptive parents, the Specialized Adoption Agency shall arrange the required counseling for such adoptive parents and adoptees or link them to the counseling center set up at the Authority or State Agency, wherever required.

(6) In case of disruption in in-country adoption. –

(a) at the stage of pre-adoption foster care before filing a petition, the child shall be taken back by the Specialized Adoption Agency concerned with information to District Child Protection Unit;

(b) at the stage of pre-adoption foster-care after the petition has been filed in the court, the child shall be taken back by the Specialized Adoption Agency and adoption application shall be withdrawn from the court concerned with intimation to District Child Protection Unit;

(c) where the child has been taken to another State during the adoption process, the repatriation of the child shall be coordinated by State Adoption Resource Agency in the State where the child is residing and the State of origin.

(7) In case of dissolution, the application for annulment of adoption order shall be filed in the court which issued the adoption order.

(8) After disruption or dissolution of adoption, as the case may be, the status of the child shall be updated as legally free for adoption in Child Adoption Resource Information and Guidance System by the Specialized Adoption Agency.

CHAPTER IV

Adoption Procedure for Non-Resident Indian, overseas Citizen of India and Foreign Prospective Adoptive Parents

  1. Non-Resident Indian to be treated at par with resident Indian.– Non-resident Indian prospective adoptive parents shall be treated at par with Indians living in India in terms of priority for adoption of Indian orphan, abandoned or surrendered children.
  2. Registration and Home Study Report for prospective adoptive parents for inter-country adoption.– (1) Any Non-Resident Indian, Overseas Citizen of India or foreign prospective adoptive parents, living in a country which is a signatory to the Hague Adoption Convention and wishing to adopt an Indian child, can approach the Authorized Foreign Adoption Agency or the Central Authority concerned, as the case may be, for preparation of their Home Study Report and for their registration in Child Adoption Resource Information and Guidance System.

(2) In case, there is no Authorized Foreign Adoption Agency or Central Authority in their country of habitual residence, then the prospective adoptive parents shall approach the Government department or Indian diplomatic mission concerned in that country for the purpose.

(3) The Authorized Foreign Adoption Agency or Central Authority or the Government department or the Indian diplomatic mission concerned, as the case may be, on ascertaining the eligibility of the prospective adoptive parents for adopting a child, shall get their Home Study Report completed and register their application in Child Adoption Resource Information and Guidance System in the format along with the required documents as specified in Schedule VI.

(4) The seniority of the prospective adoptive parents shall be counted from the date of their registration and uploading of requisite documents in the Child Adoption Resource Information and Guidance System.

(5) The Home Study Report and other documents of the prospective adoptive parents, referred to in this Chapter, shall be scrutinized at the Authority in order to determine their eligibility and suitability and be forwarded to the Specialized Adoption Agency where children legally free for adoption are available.

(6) The profiles of two children, in one or two referral(s), shall be forwarded by Child Adoption Resource Information and Guidance System to the Authorized Foreign Adoption Agency or Central Authority or Government department or Indian diplomatic mission, as the case may be, which may further forward such profiles to the prospective adoptive parents concerned as per local rules and in case of a foreigner or Overseas Citizen of India, the profiles of children shall be referred to the prospective adoptive parents.

(7) The prospective adoptive parents may reserve one of the referred children within ninety-six hours and the profile of the other child shall stand automatically withdrawn.

(8) In case the prospective adoptive parents fail to reserve any of the children within ninety-six hours, then the profiles of both the children shall stand automatically withdrawn.

(9) Preference of the prospective adoptive parents shall be taken into consideration when sending referrals to them.

(10) If the prospective adoptive parents reserve one of the children shown, they shall accept the child by signing the Child Study Report and Medical Examination Report of the child within thirty days from the date of reservation.

(11) The Child Study Report, Medical Examination Report and photograph of the child, in original, shall be sent by the Specialized Adoption Agency to the Authorized Foreign Adoption Agency or Central Authority or the Indian diplomatic mission concerned.

(12) In case the prospective adoptive parents fail to accept the reserved child within thirty days, then the profile of the child shall stand withdrawn by the Child Adoption Resource Information and Guidance System and the seniority of the prospective adoptive parents shall be relegated to the bottom of the list; and shall be given another opportunity to reserve and accept a child when their turn becomes due, provided that their Home Study Report remains valid.

(13) If the prospective adoptive parents desire to visit the Specialized Adoption Agency to see the child in person, before accepting him for adoption, such visit may be made after their adoption application is approved by the Authority and the prospective adoptive parents may also get the Medical Examination Report of the child reviewed by a medical practitioner of their choice.

(14) The Authorized Foreign Adoption Agency shall forward the original documents of the prospective adoptive parents, as specified in Schedule IX, to the Specialized Adoption Agency concerned for their scrutiny.

(15) All documents forming part of the Home Study Report shall be notarized and the signature of the notary is to be apostilled by competent authority of the receiving country in cases of Hague Adoption Convention ratified countries, however the documents originating from India shall be self-attested.

(16) If the documents are in any language other than English, then the originals must be accompanied by translations in English, duly attested by the agency or authority in the country of residence of the prospective adoptive parents designated for the purpose of attestation or apostle.

  1. No Objection Certificate of Authority and pre-adoption foster care.– (1) The Authority shall issue No Objection Certificate in favour of the proposed adoption in the format at Schedule X, within ten days from the date of receipt of the acceptance of the child by the prospective adoptive parents and letter of approval or permission of the receiving country as per Article 5 and Article 17 of the Hague Adoption Convention, wherever applicable; and a copy of the No Objection Certificate shall also be endorsed to all concerned and posted in Child Adoption Resource Information and Guidance System forthwith.

(2) The prospective adoptive parents may take the child in pre-adoption foster care for a temporary period within India after issuance of No Objection Certificate by the Authority while the court order is pending, by furnishing an undertaking to the Specialized Adoption Agency in the format at Schedule VIII.

(3) The prospective adoptive parents shall receive final custody of the child from the Specialized Adoption Agency as soon as the passport and visa are issued to the child after issue of adoption order from the competent court.

  1. Legal Procedure.– (1) The legal procedure as provided in regulation12 shall, mutatis mutandisbe followed in cases of inter-country adoption under this Chapter.

(2) In cases of the prospective adoptive parents habitually residing abroad and wanting the Specialized Adoption Agency to represent on their behalf as well, the application shall also be accompanied by a Power of Attorney in favour of the social worker or adoption in-charge of the Specialized Adoption Agency which is processing the case and such Power of Attorney shall authorize a social worker to handle the case on behalf of the prospective adoptive parents.

  1. Passport and visa, intimation to immigration authorities, Conformity Certificate, Birth Certificate, etc.– (1) The Authority shall issue a Conformity Certificate under Article 23 of the Hague Adoption Convention in the format provided in Schedule XI within three working days from the date of availability of the adoption order in the Child Adoption Resource Information and Guidance System, in case the receiving country of the adopted child is a signatory to the Hague Adoption Convention.

(2) The Authority shall inform the immigration authorities and the foreign regional registration office or the foreign registration office concerned, as the case may be, about confirmation of the adoption.

(3) To obtain 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 the adoption order.

(4) The regional passport office shall issue passport for the adopted child within ten days from the date of receipt of application, in accordance with the circulars regarding issuance of passport to inter-country adopted children, issued by the Ministry of External Affairs of the Central Government from time to time.

(5) The Specialized Adoption Agency shall approach the birth certificate issuing authority for obtaining birth certificate of the adopted child, with the name of adoptive parents, as parents, and date of birth as recorded in the adoption order within a period of three days of obtaining of the certified copy of the adoption order.

(6) The adopted child shall be entitled to receive Overseas Citizen of India card, if found eligible.

(7) The adoptive parent(s) shall come to India for taking the adopted child to their country within a period of two months from the date of adoption order.

  1. Follow-up of progress of adopted child by Non-Resident Indian, Overseas Citizens of India and foreign prospective adoptive parents.– (1) The Authorized Foreign Adoption Agency or the Central Authority or Indian diplomatic mission or Government department concerned, as the case may be, shall report the progress of the adopted child for two years from the date of arrival of the adopted child in the receiving country, on a quarterly basis during the first year and on six monthly basis in the second year, by uploading online in the Child Adoption Resource Information and Guidance System in the format provided in Schedule XII along with photographs of the child.

(2) On the basis of the progress report or in course of post-adoption home visits, if an adjustment problem of an adoptee with the adoptive parents comes to the notice of the Authorized Foreign Adoption Agency or Central Authority or the Government department concerned in the receiving country, necessary counseling shall be arranged for the adoptive parents and for the adoptee, wherever applicable.

(3) If it is found that the adoptee is unable to adjust in the adoptive family or that the continuance of the child in the adoptive family is not in the interest of the child, the Authorized Foreign Adoption Agency or Central Authority or the Government department in the receiving country or Indian diplomatic mission concerned, as the case may be, shall withdraw the child and provide necessary counseling and shall arrange for suitable alternate adoption or foster placement of the child in that country, in consultation with the Indian diplomatic mission and the Authority.

(4) In case of disruption or dissolution of adoption, the child shall be entitled to receive care, protection and rehabilitation through the child protection services of that country and as per Hague Adoption Convention for the Hague Adoption Convention ratified countries.

(5) The Authorized Foreign Adoption Agency or Central Authority or Government department concerned shall contact Indian diplomatic mission to render necessary help and facilitate the repatriation of the child, if required.

(6) The Authorized Foreign Adoption Agency or Central Authority or Government department concerned, may organize annual get-together of Indian adoptees and their adoptive parents and forward a report of the event to the Authority and the Indian diplomatic missions shall facilitate such get-togethers.

(7) The prospective adoptive parents shall furnish an undertaking to the effect that they would allow personal visits of the representative of Authorized Foreign Adoption Agency, the foreign Central Authority or Government department concerned, as the case may be, to ascertain the progress of the child with the adoptive parents or family at least for a period of two years from the date of arrival of the child in the receiving country.

  1. Adoption by Overseas Citizen of India or foreign national of Hague Adoption Convention ratified countries living in India.– (1) An Overseas Citizen of India or foreign national, who is a citizen of a country that has ratified the Hague Convention and is a habitual resident, shall apply for adoption online in prescribed format as specified in Schedule VI along with the required documents specified therein by uploading in the Child Adoption Resource Information and Guidance System.

(2) On receipt of the application, along with the required documents duly notarized, except those documents originating from India which may be self-attested, the Authority shall refer the case to a Specialized Adoption Agency for preparing the Home Study Report in the format given at Schedule VII and the Specialized Adoption Agency shall upload the Home Study Report in the Child Adoption Resource Information and Guidance System.

(3) The prospective adoptive parents may reserve one of the referred children within forty-eight hours and the procedures shall be followed as per the provisions of sub-regulations (9), (10), (12) and (13) of regulation 15 and regulations 16 to 19.

(4) The role of preparing Home Study Report and uploading progress report as required under these Regulations shall be done by the Specialized Adoption Agency concerned.

(5) The Specialized Adoption Agency shall report the progress of the child on six monthly basis for a period of two years from the date of pre-adoption foster care by uploading the details in the Child Adoption Resource Information and Guidance System as per the format provided at Schedule XII along with photographs of the child.

(6) If any adjustment problem of the adoptee with the adoptive parents comes to the notice of the Specialized Adoption Agency through the progress report or in the course of post-adoption home visits, counseling shall be arranged for the adoptive parents and the adoptee, wherever applicable.

(7) During the follow-up, if the Specialized Adoption Agency finds that the adoptee is unable to adjust in the adoptive family or the continuance of the adoptee in the adoptive family is not in the best interests of the child, the procedure as provided in sub-regulations (5), (6) and (7) of regulation 13 shall be followed.

(8) The diplomatic mission concerned shall also ensure that the adopted child acquires citizenship of the country of his parents immediately after adoption decree and a copy of the passport of the child from the country of the nationality of the prospective adoptive parents shall be forwarded to the Authority and the Specialized Adoption Agency concerned.

(9) An Overseas Citizen of India or foreign prospective adoptive parents living in India, are required to give an affidavit to the effect that they would allow personal visits of the representative by the Specialized Adoption Agency or District Child Protection Unit or State Adoption Resource Agency, as the case may be, for a period of at least two years from the date of adoption.

(10) An Overseas Citizen of India or foreign prospective adoptive parents living in India, as the case may be, shall give an undertaking to the effect that if they move out of India before completion of two years after adoption, they shall inform to the Authority about their movement, furnish their new address, and continue to send their post-adoption progress report to the Authority for the remaining period.

  1. Adoption procedure in case of Overseas Citizen of India or foreign national of Hague Adoption Convention ratified countries living in India.– (1) If one of the prospective adoptive parents is foreigner and other is an Indian, such case shall be treated at par with Indians living in India.

(2) If both the prospective adoptive parents are foreigner, such case shall be treated in accordance with the provisions of regulation 20.

  1. Procedure for adoption of a child from a foreign country by Indian citizens.– (1) Necessary formalities for adoption of a child from a foreign country by Indian citizens shall initially be completed in that country as per their law and procedure.

(2) On receiving Home Study Report of the prospective adoptive parents (including supporting documents), Child Study Report and Medical Examination Report of the child, the Authority shall issue the approval, as required in the cases of adoption of children coming to India as a receiving country under Articles 5 and 17 of the Hague Adoption Convention.

(3) A child adopted abroad by the Indian citizens, having a foreign passport, and requiring the Indian visa to come to India, shall apply for visa to the Indian mission in the country concerned, who may issue entry visa to the child after checking all the relevant documents so as to ensure that the adoption has been done following the due procedure.

(4) The immigration clearance for the child adopted abroad shall be obtained from the Central Government in the Foreigners’ Division, Ministry of Home Affairs, through the Indian diplomatic mission to that country.

CHAPTER V

Recognition, Inspection and Function of Adoption Agencies

  1. Recognition of Specialized Adoption Agency.– (1) Any Child Care Institution, intending to be recognized as Specialized Adoption Agency to place children in in-country and inter-country adoption, shall submit application as per Schedule XXVI, along with the following documents to the State Government concerned, namely:-

(a) a copy of the registration certificate under the Societies Registration Act, 1860 (21 of 1860), the Indian Trusts Act, 1882 (2 of 1882) or any other corresponding law for the time being in force;

(b) a copy of its Memorandum of Association, rules, regulations and bye-laws;

(c) a copy of the registration certificate as Child Care Institution;

(d) a list of management committee or executive committee or board members showing that the majority of the members of such committee or board are Indian citizens;

(e) annual reports including audited accounts for the last three years;

(f) resolution by the agency supporting the decision for placing orphan, abandoned or surrendered children in adoption;

(g) undertaking of the chief functionary of the Child Care Institution in its letter head to abide by the relevant rules in force in respective States and these Regulations;

(h) undertaking of the chief functionary of the Child Care Institution in its letter head to regularly update data on Child Adoption Resource Information and Guidance System and to have necessary facilities for the same;

(i) supporting documents indicating that the organization has been engaged in child protection and welfare activities;

(j) list of children in the institution; and

(k) list of professional and child care staff.

(2) The State Government shall issue a certificate of recognition to a Child Care Institution as a Specialized Adoption Agency within three months from the date of application, if the Child Care Institution is found fit to be considered as a Specialized Adoption Agency, based upon inspection conducted for the purpose.

(3) If an organization is not involved in institutional care but has the capacity and expertise to ensure quality non-institutional care for infants and young children through trained foster care givers on their panel, the State Government may also recognize such organization as a Specialized Adoption Agency.

(4) The recognition to a Specialized Adoption Agency to place children both in in-country and inter-country adoption shall be for a period of five years, unless it is revoked earlier on the grounds as mentioned in regulation 25.

  1. Criteria and procedure for renewal of recognition of Specialized Adoption Agency.– (1) The State Government shall take into consideration the following factors before renewal of recognition of a Specialized Adoption Agency, namely:-

(a) whether the Specialized Adoption Agency has satisfactorily performed in adoption placement;

(b) whether it has regularly updated data on Child Adoption Resource Information and Guidance System and meeting the timelines specified for Specialized Adoption Agency in these Regulations;

(c) whether it has followed the provisions of these regulations as also instructions issued by the State Government, State Adoption Resource Agency and the Authority in handling matters related to adoption;

(d) whether it indulged in any malpractice;

(e) whether it made proper utilization of the adoption fee; and

(f) whether it maintains the standards of child care as provided in Schedule XIII.

(2) The Specialized Adoption Agency shall apply six months before the expiry of its recognition for renewal with the following documents and information, namely:-

(a) number of children restored to biological parents, relatives or guardians during the period of last recognition with details;

(b) number and details of children placed in in-country and inter-country adoption and details of post adoption follow-up thereof during the period of last recognition;

(c) details of year wise receipt of adoption fee and its utilization during the period of last recognition;

(d) an affidavit declaring that it has been regularly updating the data on Child Adoption Resource Information and Guidance System; and

(e) an affidavit stating that it agrees to abide by these regulations as also the instructions issued by the State Government or State Adoption Resource Agency or the Authority from time to time.

(3) The recognition to a Specialized Adoption Agency shall be renewed by the State Government before the expiry of existing recognition, for a period of five years, if the Specialized Adoption Agency is found fulfilling the eligibility factors specified in sub-regulation (1) and furnishing the documents and information specified in sub regulation (2), and on the basis of inspection conducted for the purpose.

(4) In case the Specialized Adoption Agency has applied for recognition or renewal with the State Government and the provisional registration certificate has not been issued by the State Government within one month from the date of application, the proof of receipt of application for registration shall be treated as provisional recognition to run the agency for a maximum period of six months.

(5) In case the renewal of recognition of a Specialized Adoption Agency is pending, all the pending adoption cases shall be allowed to proceed subject to all other provisions of these regulations being fulfilled.

  1. Suspension or revocation of recognition of Specialized Adoption Agency.– (1) The State Government, shall act upon, suo-motuor on the recommendation of State Adoption Resource Agency or the Authority, either suspend or revoke the recognition granted to a Specialized Adoption Agency on any of the grounds specified in sub-regulation (2).

(2) The recognition of a Specialized Adoption Agency may be suspended on any one or more of the following grounds, namely:-

(a) violation of any of the provisions of these Act or the rules made thereunder, relating to adoption as well as these regulations;

(b) furnishing false information or forged documents to State Adoption Resource Agency or the State Government or the Authority or in Child Adoption Resource Information and Guidance System;

(c) incomplete or false information to prospective adoptive parents, Child Welfare Committee or District Child Protection Unit about the child or any adoption related process;

(d) failure to update data online in the Child Adoption Resource Information and Guidance System;

(e) failure to submit reports or data within the time limits specified in these regulations;

(f) adverse findings of the inspection team of the Central Government, the Authority, State Government or State Adoption Resource Agency concerned, regarding the functioning of the Specialized Adoption Agency;

(g) if professional social worker and qualified child care staff are not employed;

(h) financial irregularities or malpractices or receiving any donation whether in kind or cash from prospective adoptive parents or adoptive parents;

(i) misuse or diversion of adoption fee or grant received from the Government for the purposes other than the purposes for which they were received;

(j) unethical practices which may also include inducing single mothers or biological parents to relinquish their child or illegally sourcing the child;

(k) divulging information of biological mother or parents or adoptee to public in violation of the principles of confidentiality;

(l) non-compliance of instructions issued from time to time by the Authority, State Government concerned or the State Adoption Resource Agency; and

(m) abuse or neglect of children in the Specialized Adoption Agency.

(3) No order for suspension or revocation of authorization shall be passed without giving an opportunity to the agency to offer its explanation.

(4) After suspension of recognition of a Specialized Adoption Agency, the State Government or the State Adoption Resource Agency concerned shall conduct necessary inquiries within a maximum period of six months, and if charges are proven, the State Government concerned shall revoke the recognition of the Specialized Adoption Agency.

(5) In case of revocation of recognition of a Specialized Adoption Agency, the State Government concerned shall prepare an alternate rehabilitation plan for the children in that home, including shifting them to another Specialized Adoption Agency, within thirty days.

(6) In the event of suspension or revocation of recognition of the Specialized Adoption Agency, the cases where referrals have been accepted by the prospective adoptive parents shall be allowed to proceed for final adoption, subject to all other provisions of these regulations being fulfilled.

  1. Inspection of Specialized Adoption Agencies.– (1) The State Government concerned shall inspect the Child Care Institution before considering its recognition or renewal as a Specialized Adoption Agency.

(2) The State Government or State Adoption Resource Agency concerned shall conduct annual inspections of Specialized Adoption Agencies to ensure that they are performing efficiently and as per norms laid down in these regulations and shall also take necessary remedial measures, wherever required.

(3) The premises of Specialized Adoption Agency including the places where the children are staying and its relevant records shall be open to inspection by the Central Government, the Authority, the State Government, State Adoption Resource Agency, Child Welfare Committee concerned and any other agency or person authorized by respective State Government and the format for inspection shall be as provided in Schedule XXV.

(4) Whenever inspection is conducted in a Specialized Adoption Agency, the following shall be scrutinized or examined, namely:-

(a) that the agency is discharging its role and performing its functions efficiently in accordance with the provisions of these regulations;

(b) that adoption, is being pursued by the organization as a welfare activity in the interest of children, and not as a commercial activity;

(c) total number and details of children actually placed in in-country and inter-country adoption;

(d) records pertaining to adoptions of children, starting from their admission up to the legal adoption decree and follow-up progress as well as the related registers;

(e) whether expeditious and sufficient efforts have been made by the Specialized Adoption Agency to place children in adoption;

(f) whether the agency has submitted annual reports, audited statements of accounts and monthly reports including the adoption data to the State Government or State Adoption Resource Agency concerned and the adoption data to the Authority regularly and within the stipulated time;

(g) whether the Specialized Adoption Agency is regularly updating data and reports in the Child Adoption Resource Information and Guidance System on time;

(h) whether the Specialized Adoption Agency is maintaining and providing quality child care facilities in the institution as provided under these regulations and the minimum standards of child care shall be as specified in Schedule XIII;

(i) financial records including receipt of fees paid by the prospective adoptive parents and utilization of the adoption fee; and

(j) whether there is any instance of malpractice against the Specialized Adoption Agency.

  1. Entitlement to grants under other Government notified schemes.– A Specialized Adoption Agency is entitled to receive grants-in-aid under other Government notified schemes, subject to the fulfillment of terms and conditions under such scheme.
  2. Agencies to maintain accounts.– (1) The Specialized Adoption Agency shall utilize funds received as adoption fee in accordance with norms as may be prescribed by the Authority from time to time.

(2) The Specialized Adoption Agency shall maintain proper accounts including utilization of adoption fee and Government grant under other Government notified schemes to be audited by a chartered accountant every year.

(3) An attested copy of the audited accounts of the organization alongwith its audit report, a copy of the annual report and report in accordance with the provisions of the Foreign Contribution (Regulation) Act (49 of 1976) shall be furnished by every Specialized Adoption Agency within six months from the date of closing of the financial year to State Adoption Resource Agency or the State Government concerned.

  1. Functions of Specialized Adoption Agencies.– The Specialized Adoption Agency shall perform the following functions, in addition to those assigned to them under these regulations, to facilitate placement of orphan, abandoned and surrendered children in adoption, namely:-

(1) Function towards children: Every Specialized Adoption Agency shall:-

(a) be responsible for the care, protection and well-being of every child in its charge and shall cater to their health needs; emotional and psychological needs; educational and training needs; leisure and recreational activities; protection from any kind of abuse, neglect and exploitation; social mainstreaming and restoration or as the case may be and follow-up;

(b) report all cases of admissions, restorations, transfers, death and adoption of children, as well as about children missing from the institution, if any to the Child Welfare Committee, District Child Protection Unit, State Adoption Resource Agency and the Authority through Child Adoption Resource Information and Guidance System, designated portal for missing child and police;

(c) submit the status of every orphan, abandoned and surrendered child on the Child Adoption Resource Information and Guidance System, which is accessible on the website www.cara.nic.in;

(d) shall upload the certificate, issued by the Child Welfare Committee, declaring the child legally free for adoption in Child Adoption Resource Information and Guidance System within forty-eight hours from the receipt of such certificate;

(e) prepare the Child Study Report of all orphan, abandoned and surrendered children, through its social worker, and upload them in Child Adoption Resource Information and Guidance System, within seven days from the date such children are declared legally free for adoption by the Child Welfare Committee;

(f) arrange medical tests, as provided in Schedule IV, for all children admitted into its home and prepare the Medical Examination Report through its pediatrician or doctor for uploading the same in Child Adoption Resource Information and Guidance System, within seven days from the date such children are declared legally free for adoption by the Child Welfare Committee;

(g) prepare individual care plan for each child following the principle of the best interests of the child and the care options in the following order of preferences:-

(i) restoration to the biological family or legal guardian;

(ii) in-country adoption;

(iii) inter-country adoption;

(iv) foster care; and

(v) institutional care;

(h) create a memory album, which shall include a photo album of the child, history and details of the child’s life (details of surrendering parents not to be mentioned), and interests of the child, which shall be handed over to the adoptive family along with the medical history of the child at the time of handing over the child to the prospective adoptive parents in pre-adoption foster care;

(i) make efforts to place each child in adoption, who has been declared legally free for adoption by Child Welfare Committee;

(j) be responsible to complete referral process of a child to prospective adoptive parents and the legal procedure related to adoption as provided in these regulations;

(k) prepare every adoptable child psychologically for his assimilation with the adoptive family, wherever required;

(l) facilitate interaction of the child with prospective adoptive parents, wherever required;

(m) ensure that siblings and twins are placed in the same family, as far as possible;

(n) preserve adoption records in a manner, that such record is accessible to authorized persons only;

(o) facilitate root search by adoptees in the manner as mentioned in regulation 44.

(2) Functions towards biological parents: Every Specialized Adoption Agency shall:-

(a) treat biological parents of a surrendered child with respect and dignity throughout the surrender process;

(b) maintain confidentiality of unmarried mother and biological parents;

(c) counsel the surrendering parents and inform them about a possible root search, in future by their child;

(d) encourage the biological parents surrendering a child to provide maximum information about the background and development of the child as well as their own health;

(e) explain to the parents implication of surrendering their child including possibility of inter country adoption;

(f) ensure that the consent for surrender and adoption is given by the parents without any coercion or monetary or material consideration;

(g) have no commitment or agreement with biological parents regarding adoption of a child prior to his birth;

(h) inform the parents that they would have a re-consideration period of sixty days from the date of surrender during which they may take back the child.

(3) Functions towards prospective adoptive parents: Every Specialized Adoption Agency shall:-

(a) treat prospective adoptive parents with respect and extend due courtesy, assistance and advice;

(b) facilitate registration of prospective adoptive parents in Child Adoption Resource Information and Guidance System in case they face any difficulty;

(c) counsel the prospective adoptive parents, through an authorized professional social worker or counselor, to make them aware of the process of adoption and to ascertain the level of their preparedness for the same which include the following, namely:-

(i) acceptance of adoption as an alternative way of building their family;

(ii) preference for child to be adopted;

(iii) emotional readiness to adopt an unrelated child;

(iv) concerns about the social background of the child and genetic factors;

(v) attitude towards parenting and disciplining;

(vi) sharing the fact of adoption with the child, when the child grows up;

(vii) dealing with root search by the adopted child, when the child grows up;

(viii) any other issue that might emerge during the interactions;

(d) complete the Home Study Report of prospective adoptive parents who have opted for the home study by them, within one month from the date of their registration and submission of required documents;

(e) continuously update the prospective adoptive parents of the current status and procedure to be followed during the entire adoption process after the child has been reserved by the prospective adoptive parents;

(f) provide video clips of the children to prospective adoptive parents and facilitate their video calls to children after referral;

(g) provide information to prospective adoptive parents about the medical history of the child and the health status of a special need child, if such a child is proposed for adoption;

(h) provide the immunization record and recent diagnostic reports as well as any vital information relating to child including his food and social habits and memory album to the prospective adoptive parents;

(i) a copy of the adoption order from the court and the birth certificate or affidavit shall also be provided to the prospective adoptive parents as and when available;

(j) place a child in pre-adoption foster care on completion of referral and after observing necessary procedural formalities as laid down in these regulations;

(k) extend post adoption services including counseling to the prospective adoptive parents, if required;

(l) not receive any payment, other than as specified in the norms prescribed by the Authority from time to time;

(m) advise the prospective adoptive parents to contact adoptive families to understand the process of adoption.

(4) Functions relating to counseling – The functions of the Specialized Adoption Agency in respect of counseling shall include the following, namely:-

(a) counseling of biological parents in case of surrender;

(b) pre-adoption counseling of prospective adoptive parents during preparation of Home Study Report and matching process and linking them to the counseling center at the Authority or State Adoption Resource Agency or District Child Protection Unit, wherever required;

(c) counseling of older children before and during adoption;

(d) counseling of adoptive parents whenever required; and

(e) post-adoption counseling of the adoptees, when contacted by them in search of their roots.

(5) Every Specialized Adoption Agency shall set up at its own home to receive abandoned children and may set up cradle baby points at primary health care centers, hospitals, nursing homes, short-stay and Swadhar Homes for Women.

(6) Documentation and record keeping:

(a) The Child Adoption Resource Information and Guidance System web portal of the Authority shall be the database and registration system which shall be mandatorily used by all State Adoption Resource Authorities, District Child Protection Units, Specialized Adoption Agencies and Child Care Institutions for the purpose of adoption.

(b) Every Specialized Adoption Agency shall prepare an individual care plan for each child, based on age and gender specific needs in respect of the following, namely:-

(i) health and medical needs;

(ii) emotional and psychological needs;

(iii) educational and training needs;

(iv) leisure, creativity and play;

(v) attachments and relationships;

(vi) protection from all forms of abuse, neglect and maltreatment;

(vii) rehabilitation including reunion with family, adoption and other non-institutional care;

(viii) social mainstreaming; and

(ix) follow-up after rehabilitation or restoration.

(c) Every Specialized Adoption Agency shall keep the following documents in the case file of each child, namely:-

(i) case history and social investigation report of the child;

(ii) interim care order as well as the order declaring the child legally free for adoption by the Child Welfare Committee and the Deed of Surrender in case of a relinquished child;

(iii) Child Study Report, Medical Examination Report and immunization record of the child;

(iv) photographs of the child taken at intervals of every six months;

(v) application form, documents and Home Study Report of the prospective adoptive parents;

(vi) adoption petition, adoption order and birth certificate of the child;

(vii) post-placement progress reports of the child.

(d) Every Specialized Adoption Agency shall maintain the following records namely:-

(i) master admission register;

(ii) medical and development file of the child;

(iii) case file of the child;

(iv) attendance register of the children and staff;

(v) register of adopted children with details of adoptive parents (date of registration, date of Home Study Report, date(s) of referral of child or children, date of court order, date of handing over of the child to prospective adoptive parents, etc.);

(vi) vouchers, cashbook, ledger, journal and annual accounts;

(vii) grant and adoption fees receipt and utilization register;

(viii) stock register; and

(ix) record of minutes of meetings of the management committee and Adoption Committee (to be maintained separately).

(7) Other functions: Every Specialized Adoption Agency shall also:-

(a) organize training and orientation activities to spread awareness about adoption programme;

(b) train its childcare and professional staff about the procedures provided in the provision of these Regulations; and

(c) ensure that each case of inter-country adoption of prospective adoptive parents is disposed of within four months from the date of receipt of application with the assistance of Authorized Foreign Adoption Agency, Authority and State Agency as provided in sub-section (2) of section 62 of the Act.

  1. Functions of Authorized Foreign Adoption Agency.– The Authorized Foreign Adoption Agency shall perform the following functions, namely:-

(1) register the prospective adoptive parents interested to adopt children from India and to complete their Home Study Report expeditiously;

(2) upload attested copies of the adoption application of the prospective adoptive parents in the Child Adoption Resource Information and Guidance System and forward the original of the same to the allotted Specialized Adoption Agency;

(3) follow-up with Specialized Adoption Agency for ensuring early adoption after receipt of No Objection Certificate for the adoption from the Authority;

(4) give orientation to the prospective adoptive parents on culture, language and food of the place to which the adopted child belongs;

(5) ensure the submission of post-adoption follow-up of the progress of adopted children and to address the cases of disruption, as specified in regulation 19;

(6) arrange get-togethers of children of Indian origin and their adoptive families from time to time with the involvement of the Indian diplomatic mission concerned;

(7) facilitate root search by older adoptees; and

(8) fulfill the legal requirements of the host country as well as the terms and conditions of the authorization given by the Authority.

  1. Criteria and procedure for authorization of foreign agencies.– (1) A foreign adoption agency desirous of sponsoring applications of foreign adoptive parents for adopting an Indian child shall make an application to the Authority along with the recommendation of the Central Authority or Government department concerned of that country, through the Indian diplomatic mission.

(2) The authorization to foreign adoption agency may be given by the Authority for a maximum period of five years and the documents required to be attached with the application shall be as under:-

(a) memorandum or bye-laws, copies of registration status, latest license issued by the Government department concerned to undertake international adoptions, list of board or executive members, list of countries it is working with, accreditation certificate and its annual reports or financial statements for last two years;

(b) an undertaking signed by the head or chief executive of the organization stating that the agency will abide by the provisions of these regulations;

(c) an undertaking by the agency that in case of disruption or repatriation of the adopted children, it shall abide by the specific provisions laid down in these regulations;

(d) an undertaking by the agency to send an annual report to the Authority in the month of April every year on the status of children placed in adoption from India;

(e) copy of adoption law or adoption regulations or adoption rules of their country;

(f) a list of staff of the agency, recommendation or authorization from the Central Authority or competent authority to work with India;

(g) recommendation letter from Indian diplomatic mission abroad and the Central Authority or Government department of the receiving country.

(3) The Authorized Foreign Adoption Agency is required to apply for renewal of its authorization, ninety days prior to expiry of its authorization, as per the procedure given at sub-regulations (1) and (2) alongwith the following details, namely:-

(a) list of children placed in adoption through the Authorized Foreign Adoption Agency alongwith their citizenship status; and

(b) disruption, if any.

(4) In case an Authorized Foreign Adoption Agency requires to appoint a representative in India for facilitating its adoption cases, it shall obtain prior approval of the Authority.

  1. Suspension or revocation of authorization.– The grounds of suspension or revocation of the authorization of an Authorized Foreign Adoption Agency shall be as follows:-

(1) if the agency violates or fails to abide by the provisions of these regulations;

(2) if the license or recognition or accreditation of the agency is suspended or revoked by the appropriate authority of that country;

(3) if the agency fails to upload adoption applications or the post-adoption follow-up reports in the Child Adoption Resource Information and Guidance System from time to time.

CHAPTER VI

Functions of Government Organizations and Authority

  1. Roles of State Government and State Adoption Resource Agency.– (1) Structure of State Adoption Resource Agency:

(a) The State Government shall set up a State Adoption Resource Agency for dealing with adoptions and related matters in the State under the guidance of Authority, as per the provisions of section 67 of the Act.

(b) The existing State Adoption Resource Agencies shall be deemed to be set up under the Act.

(c) The State Adoption Resource Agency shall be headed by Principal Secretary or Secretary of the department of the State Government dealing with adoption and the Governing Body of the agency shall have following members:-

(i) Director of the department of the State Government dealing with adoption who shall be the Member Secretary;

(ii) Director of the Department of Health or Hospital Administration of the State Government;

(iii) Chairperson of a Child Welfare Committee;

(iv) representative of a Specialized Adoption Agency;

(v) one member from the civil society involved in child welfare and protection for at least ten years;

(vi) one member from the State Legal Services Authority.

(d) The Governing Body shall meet as frequently as required and at least once in every quarter to review the progress of adoption work and to address the operational as well as logistic issues and bottlenecks in the adoption process or system in the State.

(e) The authorities dealing with issuance of birth certificate, passport and other related matters may be invited as special invitees to attend the meetings of the State Adoption Resource Agency.

(f) The State Government shall provide adequate staff, infrastructure and communication facilities to State Adoption Resource Agency for efficient performance of its functions.

(2) Functions of State Adoption Resource Agency: The State Adoption Resource Agency shall function as the executive arm of the State Government for promotion, facilitation, monitoring and regulation of the adoption programme in the State, and its functions shall include to:-

(a) recommend for recognition to one or more of the Child Care Institutions as Specialized Adoption Agencies in each district;

(b) publish the contact details of Specialized Adoption Agency in the State at least once in a year;

(c) recommend renewal of recognition to Specialized Adoption Agency every five years subject to satisfactory performance;

(d) conduct meetings of Specialized Adoption Agencies on quarterly basis for addressing issues related to adoption and uploading the minutes of such meetings in the Child Adoption Resource Information and Guidance System;

(e) inspect and monitor adoption programme and activities of all Specialized Adoption Agencies within its jurisdiction;

(f) identify Child Care Institutions which are not recognized as Specialized Adoption Agencies and link them to Specialized Adoption Agencies for enabling and facilitating adoption of eligible children in such institutions, in pursuance of the provisions under section 66 of the Act;

(g) enforce standards and measures for the adoption of orphan, abandoned and surrendered children, as envisaged under the Act or the rules made thereunder and these regulations;

(h) identify Specialized Adoption Agencies or Child Care Institutions which have the capacity to provide quality care and treatment on a long term basis to special need children including children affected or infected by HIV/AIDS and mentally or physically challenged children, and facilitate transfer of such children to these agencies;

(i) expedite de-institutionalization of children through adoption and other non-institutional alternatives;

(j) take measures that are required for expansion of the adoption programme in the State, such as, strengthening the knowledge base, research and documentation, strengthening child tracking system, training and capacity building activities, publicity and awareness activities, advocacy and communication, monitoring and evaluation;

(k) validate the data furnished online in the Child Adoption Resource Information and Guidance System by the Child Welfare Committees in the State, in pursuance of the provisions of sub section (5) of section 38 of the Act;

(l) ensure furnishing of correct adoption data and documents in the Child Adoption Resource Information and Guidance System by the Specialized Adoption Agency, in the format and periodicity as specified in these regulations and validating the same;

(m) furnish or update in the Child Adoption Resource Information and Guidance System, the profile of the Specialized Adoption Agency as required under sub section (2) of section 65 of the Act;

(n) update the contact details of the District Child Protection Units, Child Welfare Committees and State Adoption Resource Agency online in the Child Adoption Resource Information and Guidance System on regular basis;

(o) maintain a State-specific database in Child Adoption Resource Information and Guidance System of adoptable children, prospective adoptive parents, children given in in-country and inter-country adoptions;

(p) ensure that all adoption placements in the State are done in accordance with the relevant provisions of the Act, rules made there under and these regulations;

(q) maintain a panel of professionally qualified or trained social workers and set up a counseling centre with the support of Authority at State-level to assist District Child Protection Unit, Specialized Adoption Agency or Child Care Institution, wherever required, for:-

(i) counseling and preparation of the Home Study Report of the prospective adoptive parents;

(ii) preparation of the Child Study Report and counseling of older children, wherever required;

(iii) preparing post-adoption follow-up report, wherever required;

(iv) preparing family background report in cases of inter-country relative adoptions;

(v) post adoption counseling to adopted children and adoptive parents;

(vi) assisting and counseling older adoptees in root search.

(r) carry out such other functions as assigned by the Authority from time to time.

(3) The State Government shall take appropriate action on the receipt of a complaint or suo-motu, in the cases of violation of the provisions under section 32, sub-sections (1) and (5) of section 41, sub-section (4) of 65, 80 and 81 of the Act, after giving due opportunity to the defaulting agency or institution or functionary.

  1. District Child Protection Unit.– In addition to the functions as envisaged in the Act and rules made thereunder, as well as under other Government notified schemes, the District Child Protection Unit shall:-

(1) identify orphan, abandoned and surrendered children in the district and get them declared legally free for adoption by Child Welfare Committee with the help of Specialized Adoption Agency or Child Care Institution, wherever required;

(2) ensure that the Child Study Report and Medical Examination Report are uploaded in the Child Adoption Resource Information and Guidance System by the Specialized Adoption Agency within ten days from the date a child is declared legally free for adoption;

(3) facilitate the linkage of Child Care Institution with Specialized Adoption Agency in the same or other districts to facilitate adoption;

(4) track the progress of adoption of each child declared legally free for adoption and take necessary actions for expediting the case, wherever required;

(5) track the progress of application of each Prospective Adoptive Parent registered in Child Adoption Resource Information and Guidance System for adopting a child or children from the district and take necessary actions for expediting the case wherever required;

(6) maintain a panel of professionally qualified or trained social workers and set up counseling centre with support of State Adoption Resource Agency or the Authority to assist Specialized Adoption Agency or Child Care Institution, wherever required, for:-

(a) counseling and preparation of the Home Study Report of the prospective adoptive parents;

(b) preparation of the Child Study Report and counseling of older children;

(c) preparing post-adoption follow-up report;

(d) preparing family background report in cases of inter-country relative adoptions;

(e) post adoption counseling to adopted children and adoptive parents; and

(f) assisting and counseling of older adoptees in root search;

(7) supervise and monitor adoption programme in the district;

(8) ensure that data is being updated by Specialized Adoption Agency in the Child Adoption Resource Information and Guidance System on time and in correct manner;

(9) assist State Adoption Resource Agency and the Authority in all matters related to adoption;

(10) assist the Child Welfare Committee in the restoration effort and in completing the process for declaring the abandoned children legally free for adoption, including publishing information of the child in the newspaper, obtaining the social investigation report from the probation officer and non-traceable report from police with the help of Specialized Adoption Agency, wherever required;

(11) upload the certificate of Child Welfare Committee declaring children legally free for adoption in Child Adoption Resource Information and Guidance System;

(12) District Child Protection Unit shall update adoption related information on Child Adoption Resource Information and Guidance System, as specified in Schedule XVI and XVII or as given in the format online by the Authority.

  1. Child Welfare Committee.– The Child Welfare Committee shall take actions as provided in regulations 6 and 7.
  2. Birth certificate issuing authority.– The local registrar notified under the Registration of Births and Deaths Act, 1969 (18 of 1969) shall issue birth certificate within five working days in favour of an adopted child on an application filed by the Specialized Adoption Agency or adoptive parents, incorporating the names of the adoptive parents as parents and the date of birth of the child as mentioned in the adoption order of the court, in accordance with circulars issued from time to time by the Registrar General of India.
  3. Central Adoption Resource Authority.– The Authority shall perform the following functions, in addition to the functions specified in section 68 (1) of the Act, namely:-

(1) monitor and regulate the procedure for in-country adoption;

(2) receive applications of an Non-Resident Indian or Overseas Citizens of India or a foreigner living abroad through authorized adoption agency or Central Authority or the Government department or the Indian diplomatic mission concerned and process the same in terms of section 59 (5) of the Act;

(3) receive and process applications received from a foreigner or an Overseas Citizen of India residing in India for one year or more, and who is interested in adopting a child from India in terms of sub-section (12) of section 59 (12) of the Act;

(4) issue No Objection Certificate in all cases of inter-country adoptions;

(5) issue Conformity Certificate in the inter-country adoption cases under Article 23 of the Hague Adoption Convention in respect of inter-country adoption;

(6) intimate the immigration authorities of India and the receiving country of the child about the inter-country adoption cases;

(7) provide support and guidance to State Adoption Resource Agencies, District Child Protection Units, Specialized Adoption Agencies and other stakeholders of adoption in related matters, through trainings, workshops, exposure visits, consultations, conferences, seminars and other capacity building programmes;

(8) coordinate with State Governments or the State Adoption Resource Agencies and advise them in adoption related matters;

(9) establish uniform standards and indicators, relating to:-

(a) adoption procedure related to orphan, abandoned and surrendered children and also related to relative adoptions;

(b) quality child care standards in Specialized Adoption Agency and Child Care Institution;

(c) monitoring and supervision of service providers;

(d) standardization of documents in cases of adoptions; and

(e) safeguards and ethical practices including online applications for facilitating hassle-free adoptions;

(10) conduct research, documentation and publication on adoption and related matters;

(11) maintain a comprehensive centralized database relating to children and prospective adoptive parents for the purpose of adoption in Child Adoption Resource Information and Guidance System;

(12) maintain a confidential centralized database relating to children placed in adoption and adoptive parents in the Child Adoption Resource Information and Guidance System;

(13) carry out advocacy, awareness and information, education and communication activities for promoting adoption and other non-institutional child care services either by itself or through its associated bodies;

(14) enter into bilateral agreements with foreign Central Authorities as prescribed under the Hague Adoption Convention, wherever necessary;

(15) authorize foreign adoption agencies to sponsor applications of Non-Resident Indian (NRI) or Overseas Citizen of India or foreign prospective adoptive parents for inter-country adoption of Indian children;

(16) set-up counseling Centre in its Head Quarters and support State Adoption Resource Agencies for setting-up of counseling centre at State and District level for:-

(a) counseling of the prospective adoptive parents;

(b) counseling of older children, wherever required;

(c) preparing post-adoption follow-up report, wherever required;

(d) post adoption counseling of adopted children and adoptive parents; and

(e) assisting and counseling of older adoptees in root search.

  1. Regional passport officer.– Based upon an application made along with required documents, pursuant to the adoption order issued by the court, the regional passport officer shall issue a passport to an adopted child within ten days from the date of receipt of such application, in accordance with circulars issued by the Central Government in the Ministry of External Affairs regarding issuance of passport to inter-country adopted children, from time to time.
  2. Foreigner regional registration office.– Foreigner regional registration office may exempt issue of exit visa to the adopted child traveling out of the country having No Objection Certificate and Conformity Certificate (required only in cases of Hague Adoption Convention ratified countries) from the Authority and adoption order from the competent court.
  3. Role of Indian diplomatic missions in inter-country adoption.– Indian diplomatic missions abroad shall have the following role in inter-country adoption of Indian children, namely:-

(1) liaise with Central or public authorities concerned to ensure safeguards of children of Indian origin adopted by Non-Resident Indian, Overseas Citizen of India or foreign parents against neglect, maltreatment, exploitation or abuse;

(2) interact with the authorized foreign adoption agencies and Central Authorities within their jurisdiction and organize or participate in the get-togethers of the adopted children and their parents;

(3) recommend proposals for authorization of foreign adoption agencies for the purpose of sponsoring applications for adoption of Indian children;

(4) issue visa to foreign prospective adoptive parents who wish to see a child in person at a Specialized Adoption Agency in India, before accepting him for adoption, after their adoption application is approved by the Authority, and also for attending the court proceedings as well as for receiving the child thereafter;

(5) empanel and authorize social workers to complete adoption application formalities including Home Study Report in a foreign country, where there is no Authorized Foreign Adoption Agency or a Government department to deal with adoption;

(6) register the adoption applications of Non-Residence Indian Prospective Adoptive Parents or Overseas Citizen of India in Child Adoption Resource Information and Guidance System alongwith requisite documents as specified in Schedule VI and upload post-adoption follow-up reports as in regulation 19;

(7) the Indian diplomatic mission processing the adoption application, either directly or through the authorized organization, shall send progress report of the child on quarterly basis in the first year and on six monthly basis in the second year, from the date of arrival of the child in the receiving country and in case of disruption of adoption, shall take actions as provided in regulation19;

(8) contact the Central Authority or other authorities in the receiving countries to ensure safeguards of children of Indian origin adopted by Non-Resident Indian or Overseas Citizen of India or foreign parents and in case of disruption of adoption, a report in this regard shall also be sent to the Authority at the earliest;

(9) render necessary help and facilitate the repatriation of the child in case required, in consultation with the local authorities, adoption agency concerned and the Authority;

(10) facilitate root search by an adoptee of Indian origin, if contacted; and

(11) communicate any report or observation, which it may consider as important and relevant in the matter of inter country adoptions to the Authority.

CHAPTER VII

Miscellaneous Provisions

  1. Seniority of the prospective adoptive parents.– (1) The prospective adoptive parents shall be referred children on the basis of a single seniority list, which shall be maintained from the date of registration and other criteria as stipulated under these regulations.

(2) The seniority of resident Indians shall be based on the date of online registration and submission of the documents, except for Home Study Report, in Child Adoption Resource Information and Guidance System.

(3) The seniority of Non Resident Indian or Overseas Citizen of India or foreign prospective adoptive parents shall be based on the date of online registration and submission of the requisite documents alongwith Home Study Report in Child Adoption Resource Information and Guidance System.

(4) Prospective adoptive parents shall be allowed to change the State preference once within sixty days from the date of registration and in case they change the State preference after sixty days from the date of registration, they shall be placed at the bottom of the seniority list in the changed State.

(5) Seniority of prospective adoptive parents registered as single, but married later shall be counted from the date of registration as single after receipt of fresh Home Study Report.

(6) Prospective adoptive parents registered for normal child, shall be able to adopt a special need child or hard to place child with the same registration.

  1. Adoption by Indian parents residing in countries which are not signatory to Hague Adoption Convention.– (1) In a situation where one of the Indian parents is residing in India and the spouse is working in a country which is not signatory to the Hague Adoption Convention on temporary work permit, the parents have to decide the place where they have to conduct their home study and for such purpose, they have to be together, either within the country or abroad.

(2) In case Indian prospective adoptive parents desire to initiate the process in a country which is not signatory to the Hague Convention, the Indian Mission may conduct the home study and facilitate adoption process including uploading of Home Study Report and post-adoption follow-up report on Child Adoption Resource Information and Guidance System.

(3) For adoption by prospective adoptive parents residing in a country which is not signatory to the Hague Convention, the prospective adoptive parents have to provide documents as stipulated in Schedule VI.

  1. Adherence to time line.– All agencies and authorities involved in the adoption process shall adhere to the time limits as specified in Schedule XIV.
  2. Root search.– (1) In case of an orphan or abandoned child, information about his adoption, including the source and circumstances in which the child was admitted into the Specialized Adoption Agency, as well as the process followed for his adoption, may be disclosed to the adoptee by the Specialized Adoption Agency or the Child Welfare Committee, as the case may be.

(2) In cases of root search by older adoptees, the agencies or authorities concerned (Authorized Foreign Adoption Agency, Central Authority, Indian diplomatic mission, Authority, State Adoption Resource Agency or District Child Protection Unit or Specialized Adoption Agency), whenever contacted by any adoptee, shall facilitate his root search.

(3) Persons above eighteen years can apply independently online while children below eighteen years shall apply jointly with their adoptive parents to the Authority seeking facilitation of root search.

(4) If the biological parents, at the time of surrender of the child, have specifically requested anonymity, then the consent in writing of the biological parent(s) shall be taken by the Specialized Adoption Agency or Child Welfare Committee, as the case may be, before divulging information.

(5) In case of denial by the biological parents or the parents are not traceable in surrendered cases, the reasons and the circumstances under which the information is not being made available shall be disclosed to the adoptee.

(6) A root search by a third party shall not be permitted and the agencies or authorities concerned shall not make any information public relating to biological parents, adoptive parents or adopted child.

(7) The right of an adopted child shall not infringe the right to privacy of the biological parents.

  1. Confidentiality of adoption records.– All agencies or authorities involved in the adoption process shall ensure that confidentiality of adoption records is maintained, except as permitted under any other law for the time being in force and for such purpose, the adoption court order may not be displayed in any public portal.
  2. Adoption fees.– (1) The prospective adoptive parents shall bear the expenses for adoption, as prescribed by the Authority from time to time.

(2) The Specialized Adoption Agency and the Authority may receive adoption fee from the prospective adoptive parents and utilize the funds in accordance with norms prescribed by the Authority from time to time.

(3) The Specialized Adoption Agency is not permitted to accept any donation in cash or kind, directly or indirectly, from the prospective adoptive parents for adoption of a child.

  1. Reporting of adoptions by Specialized Adoption Agency.– The Specialized Adoption Agency shall update data on Child Adoption Resource Information and Guidance System on weekly basis and also send quarterly report in the format given at Schedule XV to State Adoption Resource Agency in first week of every quarter, for onward submission to the Authority.
  2. Adoption of children with special needs.– (1) The adoption process for children with special needs shall be completed as expeditiously as possible by the agencies or authorities concerned, who shall be available for adoption by resident Indians and Non-Resident Indians from the date they are declared legally free for adoption by the Child Welfare Committee:

Provided that such children with special need shall be available for adoption by Overseas Citizen of India or foreign adoptive parents, after fifteen days from the date they are declared legally free for adoption.

(2) Special care shall be taken while processing the cases for adoption of children with special needs, so that the prospective adoptive parents are aware of exact medical condition of the child and are ready to provide extra care and attention that the child needs.

(3) The types of children with special needs are available in Schedule XVIII, which is illustrative and not exhaustive; the same may also be accessed from www.cara.nic.in, and the decision of the Authority shall be final in this regard.

(4) The children with special needs who were not adopted shall be provided due care and protection by the Specialized Adoption Agency and if they do not have necessary facilities and the means for their long term care, such children shall be shifted to any other specialized institutions run by any Government or non-Government organization.

  1. Adoption of older children and siblings.– (1) Since it takes time for an older child to adjust with unrelated parents, it is important that the child and the prospective adoptive parents are made familiar to each other, before leaving the institution.

(2) Under the guidance of Specialized Adoption Agency or Authorized Foreign Adoption Agency, the prospective adoptive parents may have interactions with older children through video calls or by any other means, even before taking custody and the prospective adoptive parents may be encouraged to spend some quality time with the child before leaving the institution.

(3) The siblings and older children shall be deemed to be available for adoption by resident Indians and Non- Resident Indians (both the couple being Indian citizens) from the date they are declared legally free for adoption by the Child Welfare Committee and they shall be available for adoption by other categories of prospective adoptive parents after thirty days from the date they are declared legally free for adoption.

Explanation. – For the purposes of this regulation, a child, who has completed five years of age, shall be considered as an older child.

  1. Adoption of hard to place children.– Over and above the efforts made under regulations 8, 48 and 49, the Authority with the approval of its Steering Committee, may make additional efforts for adoption of hard to place children, who are not getting any referral for long time, through Child Adoption Resource Information and Guidance System.
  2. In-country relative adoptions.– (1) The prospective adoptive parents shall register in Child Adoption Resource Information and Guidance System and follow due legal procedure as provided in regulation 55.

(2) Consent of biological parents or permission of the Child Welfare Committee, as the case may be, shall be required as provided in Schedule XIX or Schedule XXII respectively.

(3) The consent of the child shall be obtained, if he is five years of age or above.

(4) Affidavit of adoptive parent(s) is required in cases of in-country relative adoptions in support of their financial and social status as per Schedule XXIV.

(5) The prospective adoptive parents shall file an application in the competent court as provided in Schedule XXX.

  1. Adoption by step-parent.– (1) The couple (step-parent and one of the biological parents) shall register in Child Adoption Resource Information and Guidance System with the required documents as mentioned in Schedule VI.

(2) Consent of the biological parent(s) and the step-parent adopting the child or children shall be as provided in the Schedule XX (refer instructions in Schedule XX).

(3) In case the custody of the child is under litigation, the adoption process shall be initiated only after the finalization of the case by the court concerned.

(4) The biological parent and the step-parent shall file an application in the Family Court or District Court or City Civil Court as the case may be, as per format given at Schedule XXXII.

(5) The applicants shall obtain a certified copy of the adoption order from the court concerned and furnish a copy of the same online to the Authority through Child Adoption Resource Information and Guidance System.

  1. Inter-country relative adoptions.– (1) A Non-Resident Indian or an Overseas Citizen of India, interested to adopt a relatives child, may approach an Authorized Foreign Adoption Agency or the Central Authority in the country of residence for preparation of their Home Study Report and for online registration in Child Adoption Resource Information and Guidance System.

(2) In case there is no Authorized Foreign Adoption Agency or Central Authority in their country of residence, then the prospective adoptive parents interested to adopt a relatives child shall approach the Government department concerned or Indian diplomatic mission (in cases of Indian citizens) in that country.

(3) The Authorized Foreign Adoption Agency or Central Authority or the department concerned or the Indian diplomatic mission (in cases of Indian citizens), as the case may be, on completion of the Home Study Report, shall register the application of the prospective adoptive parents in Child Adoption Resource Information and Guidance System along with the required documents as mentioned in Schedule VI.

(4) Any person, who takes or sends a child to a foreign country or takes part in any arrangement for transferring the care and custody of a child to another person in a foreign country without a valid order from the competent Court, shall be punishable as per the provisions of section 80 of the Act.

  1. Prior approval for inter-country relative adoption from Authority.– (1) On receipt of all requisite documents on Child Adoption Resource Information and Guidance System, the Authority shall forward the same to District Child Protection Unit for obtaining family background report of the child proposed for adoption, as provided in Schedule XXI.

(2) The District Child Protection Unit shall get the family background report conducted by its social worker and for this purpose, it can charge a fee as stipulated in the norms prescribed by the Authority from time to time.

(3) District Child Protection Unit shall forward a copy of the family background report of the child and the biological family to the Authority for onward submission to Authorized Foreign Adoption Agency or Central Authority or Indian Mission abroad.

(4) On receiving family background report of the relatives child, the Authority shall forward the same to the receiving country as required under Articles 15 and 16 of the Hague Adoption Convention along with a pre-approval letter supporting the proposed adoption.

(5) The Authorized Foreign Adoption Agency or Central Authority, on receiving requisite documents as stipulated in sub regulation (3), shall arrange to forward a certificate under Article 5 or Article 17 of the Hague Adoption Convention to the Authority.

(6) In case of countries which are not signatories to Hague Adoption Convention, in respect of Indian citizens, family background report of the relatives child and prior approval letter from the Authority shall be forwarded to the Indian Mission of that country which will issue a recommendation letter to the Authority.

  1. Legal Procedure.– (1) The prospective adoptive parents, who intend to adopt the child of a relative as defined in sub-section (52) of section 2 of the Act, shall file an application in the competent court under sub-section 2 of section 56 or sub section (1) of section 60 of the Act in case of in-country relative adoption or inter-country relative adoption, respectively, alongwith a consent letter of the biological parents as provided in Schedule XIX and all other documents as provided in Schedule VI.

(2) The biological parent and the step-parent, who intend to adopt the child or children of the biological parent, shall file the adoption application as provided in Schedule XXXII, in the court concerned of the district where they reside, along with consent letter of the biological parents and the step-parent adopting the child or children, as provided in the Schedule XX and all other documents as provided in Schedule VI.

(3) The prospective adoptive parents, in case of inter-country relative adoption, shall file the adoption application in the court concerned of the district, where the child resides with biological parents or guardians as provided in Schedule XXXI.

(4) The prospective adoptive parents shall file an application in Family Court or District Court or City Civil Court, as the case may be.

(5) Before issuing an adoption order, the court shall satisfy itself of the various conditions stipulated under section 61 of the Act, and regulations 51 to 56, as the case may be.

(6) The prospective adoptive parents shall obtain a certified copy of the adoption order from the court and furnish a copy of the same to the District Child Protection Unit for online submission to the Authority.

  1. No Objection Certificate of Authority.– In case of all inter-country adoptions, the Authority shall issue No Objection Certificate in favour of the adoption of the child within ten days from the date of receipt of adoption order forwarded by the District Child Protection Unit and a copy of the same shall be forwarded to the Authorized Foreign Adoption Agency or Central Authority concerned.
  2. Issue of Conformity Certificate.– The Authority shall issue a Conformity Certificate under Article 23 of the Hague Adoption Convention in the format provided in Schedule X within three working days from the date of availability of the adoption order in the Child Adoption Resource Information and Guidance System, in case the receiving country of the adopted child is a Hague Adoption Convention signatory.
  3. Child Care Institution and its linkage with Specialized Adoption Agency.– (1) All Child Care Institutions registered under this Act, which may not have been recognized as Specialized Adoption Agencies, shall ensure that all orphan or abandoned or surrendered children under their care and protection are reported, produced and declared legally free for adoption, by the Child Welfare Committee as per the provisions of section 32, subsection (2) of section 38 and sub section (1) of section 66 of the Act and the procedure laid down in these regulations.

(2) Such report shall include the name (if known), gender, date of birth (if known) or age, photograph and health condition of the child, language spoken by the child (if any), address or source (wherever known) and the manner and circumstances in which the child was brought and admitted to the institution.

(3) The District Child Protection Unit concerned shall render all necessary assistance to the Child Care Institution concerned in getting an orphan, abandoned or surrendered child declared legally free for adoption as per the procedure and time frame stipulated under the provisions of the Act, rules framed thereunder and these regulations.

(4) The District Child Protection Unit shall be responsible for linking the Child Care Institution where adoptable children have been identified with Specialized Adoption Agency.

(5) If the Child Care Institution is located in the same district:-

(a) the Specialized Adoption Agency shall complete the documentation and formalities required for the adoption of an orphan, abandoned or surrendered child including preparation of Child Study Report and Medical Examination Report of the child as per Schedule II and III respectively; and

(b) the Specialized Adoption Agency shall upload the profile of the child in Child Adoption Resource Information and Guidance System, which includes photograph, Child Study Report, Medical Examination Report of the child and certificate from Child Welfare Committee declaring the child legally free for adoption.

(6) In case the Child Care Institution and the Specialized Adoption Agency are not located in the same district:-

(a) the District Child Protection Unit shall conduct Child Study Report through a social worker and Medical Examination Report of the child as per Schedule II and III respectively;

(b) the District Child Protection Unit shall upload the profile of the child in Child Adoption Resource Information and Guidance System, which includes photograph, Child Study Report, Medical Examination Report of the child and certificate from Child Welfare Committee declaring the child legally free for adoption; and

(c) once documents of children are uploaded in Child Adoption Resource Information and Guidance System, the linked Specialized Adoption Agency shall access information of such children for facilitating their adoption as per the provisions of these regulations.

(7) In case there is more than one Specialized Adoption Agency in the district for linking the Child Care Institution, the distance between the two, the needs of the child and the capacity of the Specialized Adoption Agency shall be taken into consideration.

(8) The Adoption Committee shall include:-

(a) adoption in-charge or social worker of the Specialized Adoption Agency;

(b) pediatrician or visiting doctor of the Child Care Institution;

(c) official from the District Child Protection Unit of the district where Child Care Institution is located; and

(d) representative of the Child Care Institution.

(9) In all such adoption cases, adoption petition shall be filed in the competent court by the Specialized Adoption Agency, making the Child Care Institution as a co-petitioner.

(10) In case the child is from a Child Care Institution which is located in another district, the Specialized Adoption Agency shall file the adoption petition in the court concerned of either of the districts.

(11) The adoption fee shall be shared between Specialized Adoption Agency and Child Care Institution in the ratio as may be prescribed by the Authority.

(12) The Specialized Adoption Agency concerned shall obtain a certified copy of the adoption order from the court and furnish a copy of the same to the prospective adoptive parents, Child Care Institution, District Child Protection Unit and upload it in Child Adoption Resource Information and Guidance System.

(13) The State Adoption Resource Agency or District Child Protection Unit shall as far as possible, provide training to Child Care Institutions to enable them to become well-equipped Specialized Adoption Agencies.

  1. Appeal to Authority.– (1) Any prospective adoptive parents or child or any person on his behalf, aggrieved due to non-selection for adoption because of the opinion of Specialized Adoption Agency or issues related to eligibility of the prospective adoptive parents or of the child to be adopted or regarding the documentation relating to the prospective adoptive parents or the child, such as, Home Study Report or health status of the prospective adoptive parents, the Child Study Report and Medical Examination Report, may approach the Authority.

(2) The application referred to in sub-regulation (1) shall be made by the aggrieved within seven days from the date of opinion or decision.

(3) The decision of the Authority shall be taken by a committee constituted by the Chairperson of its Steering Committee.

(4) The Authority shall take decision on the application within thirty days from the date of receipt of the application and the same shall be communicated to the applicant in writing within three working days of the decision.

(5) The decision of the Authority shall be binding on all concerned.

(6) The Authority may decide, on the merits of each case, whether the child concerned can be blocked from further referral to any other prospective adoptive parents for adoption.

  1. Power to relax and interpretation.– (1) The power of relaxation and grant exception to any provision of these regulations in respect of a case or class of cases shall be vested with the Relaxation Committee of the Authority.

(2) Relaxation Committee of the Authority shall be chaired by the chairperson of Steering Committee of the Authority and two members consisting of its Chief Executive Officer and a member of Steering Committee having experience in law as members.

(3) No decision of the Relaxation Committee of the Authority shall ordinarily have the effect of altering the seniority of any prospective adoptive parents unless reasons are recorded in writing and the primary consideration being the best interests of the child.

(4) In case of any ambiguity in interpretation of any of the provisions of these regulations, the decision of the Authority shall prevail.

Schedule I

[See Regulations 2 (5), 6 (13) and 7 (17)]

Certificate Declaring the Child Legally Free for Adoption

  1. In exercise of the powers vested in the Child Welfare Committee …………………. under section 38 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), child…………… date of birth……………placed in the care of the Specialized Adoption Agency/Child Care Institution(name and address) vide order no……………. dated ……………………. of this Committee, is hereby declared legally free for adoption on the basis of the following:

Inquiry report of the Probation Officer/ Child Welfare Officer/ Social Worker/ Case Worker/any other (as the case may be);

Deed of surrender executed by the biological parent(s) or the legal guardian of the child before this Committee on (date);

Declaration submitted by District Child Protection Unit and the Child Care Institution or Specialized Adoption Agency concerned to the effect that they have made restoration efforts as required under sub section (1) of section 40 of the Act, the rules framed thereunder and the Adoption Regulations, but, nobody has approached them for claiming the child as biological parents or legal guardian as on date of the said declaration.

Consent of older child, in case applicable.

  1. This is to certify that:

The biological parent(s)/legal guardian, wherever available, has/have been counselled and duly informed of the effects of their consent including the placement of the child or children in adoption which would result in the termination of the legal relationship between the child and his or her family of origin.

The biological parents/legal guardian have given their consent freely, in the required form, and the consent have not been induced by payment or compensation of any kind and the consent of the mother (where applicable), has been given only after the birth of the child.

The Specialized Adoption Agency/Child Care Institution to which the aforesaid child is entrusted shall arrange to post the photograph and other essential details of the child in the Child Adoption Resource Information and Guidance System and shall place such child in adoption as per the procedure laid down in the Act and Adoption Regulations.

[Note: strike out the box(es) which are not relevant to the case] [Note: Only one certificate may be issued in case of siblings or twins stating the relationship.] [Note: To facilitate adoption in the best interest of the child, the Specialized Adoption Agency or District Child Protection Unit concerned, as the case may be, is permitted to post the profile of the child, including photograph, Child Study Report, Medical Examination Report and this certificate in the Child Adoption Resource Information and Guidance System]
Photograph of the child

Child Welfare Committee

Date and Place

Signature of any three members

Date and Stamp

To: Specialized Adoption Agency/ District Child Protection Unit – to post this certificate in Child Adoption Resource Information and Guidance System (CARINGS).
Copy to: District Child Protection Officer (DCPO), Name of the District.

Schedule II

[See regulations 2(6), 6(15), 7(18), 58(5)(a) and 58(6)(a)]

Child Study Report

Child Adoption Resource Information and Guidance System (CARINGS)

Registration No:

Aadhar Card No:

Name of the Specialized Adoption Agency (SAA)/ Child Care Institution (CCI):

The detailed report on the child shall include identifying information supported by documents. Child Study Report should be prepared as soon as the child is declared legally free for adoption by the Child Welfare Committee.

Photograph of the child

Name and address of the Institution:-

  1. General Information:
  2. Name of the Child. ———————- (given by biological mother or parents or by the Specialized Adoption Agency/ Child Care Institution or Child Welfare Committee)
  3. Present age and date of birth:
  4. Sex:
  5. Place of Birth:
  6. Religion (if known):
  7. Type of child: Orphan/ abandoned/ surrendered
  8. Date of admission of the child to the Specialized Adoption Agency/Child Care Institution:
  9. Date of production before Child Welfare Committee:
  10. Date declared as legally free for adoption by the Child Welfare Committee:
  11. Social Data.– Please do not give identifying information about the natural parent.
  12. How did the child come to your institution?

(a) Admitted directly by parent or any other guardian:

(b) Placed by Child Welfare Committee directly:

(c) Transferred from any other institution, if so name of the institution:

(d) Any other source:

  1. Reasons for seeking protection in the Institution:
  2. Attitude of the child towards other children, if applicable
  3. Behaviour and relationship of the child towards staff and other adults including strangers:
  4. General intelligence:
  5. If the child is enrolled in school, give a detailed report about his or her standard, attendance, general interest in studies, progress, if any:
  6. General personality and description of the child:
  7. Play activity and any specific talent: Milestones of the child (for children below 18 months). Please mark Yes or No (based on age appropriate responses)

Does the child:-

(a) Smile

(b) Turn on his sides

(c) Lift its head

(d) Grasp objects in its hand

(e) Crawl on its own

(f) Sit with full support or Sit without support

(g) Stand with support or Stand without support

(h) Walk with support or Walk without support

  1. Dietary Habits:

Intake of liquid food:

Semi-solid food:

Solid food:

  1. Developmental Assessment (language spoken, behaviour, basic play skills, physical activity and communication and social skills etc.):
  2. Social Background: (This should include his social history i.e. brief background of the birth parents and circumstances necessitating the child’s surrender or abandonment, etc. Please do not give identifying information such as name and address of birth parents or relatives.)
  3. I ______________ Social Worker hereby certify that the information given in this form about child _______ is correct.
Signature:
Place: Name:
Date: Designation:

 

(Signature of the male applicant) (Signature of the female applicant)
(Name of the male applicant) (Name of the female applicant)
Place and Date: Place and Date:

Schedule III

[See regulations 2(13), 6(15), 7(18), 58(5)(a) and 58(6)(a)]

Medical Examination Report of the Child

A duly registered physician should complete the report. If any information is not available, please state “Not Available”. (if the child is below 1 year, he/she should be examined by Paediatrician)

Child Adoption Resource Information and Guidance System (CARINGS)

Registration No.

Health Status: Normal/Special Need

Date of Admission:

Name of the Specialized Adoption Agency:

Name of the Child Care Institution:

A. General Information
1. Name of the child :
2. Date and year of birth :
3. Sex:
4. Place of birth:
5. Nationality:
6. Name of the present institution: Placed since:
7. Weight at birth (in kg. at admission): kg.
8. Head Circumference :
9. Length at birth (in cm. at admission): cm.
10. Was the pregnancy and delivery normal? Yes or No or Do not know
11. Where has the child been staying?
With his or her mother:            from            to
With relatives:                          from             to
In private care:                         from             to
In institution or hospital:          from             to
(Please state the name of the institution or institutions concerned)
Note: In case of new born children, refer to Medical Test for different age groups in Schedule IV [paragraph (A) New Born].

 

B. Medical Details
1. Has the child had any diseases during the past ? (if yes, please indicate the age of the child in respect to each disease, as well as any complication): Yes or No or Do not know
2. If yes:
Children’s ordinary diseases (whooping cough, measles, chicken-pox, rubella, mumps):
Tuberculosis:
Convulsions (incl. Febrile convulsions):
Any other disease:
Exposure to contagious disease:

 

3. Has the child been vaccinated against any of the following diseases:
Yes or No or Do not know
4. If yes:
Tuberculosis (B.C.G.) Date of immunisation:
Diphtheria Date of immunisation:
Tetanus Date of immunisation:
Whooping cough Date of immunisation:
Poliomyelitis Date of immunization:
Hepatitis A Date of immunisation:
Hepatitis B Date of immunisation:
MMR (Measles) Date of immunization:
Other immunizations Date of immunisation:

 

5. Has the child been treated in hospital?
Yes or No or Do not know
6. If yes state name of hospital, age of child, diagnosis, and treatment:

 

7. Give, if possible, a description of the mental development, behaviour and skills of the child.
(i) Visual When was the child able to fix?
(ii) Aural When was the child able to turn its head after sounds?
(iii) Motor When was the child able to sit by itself?

When was the child able to stand with support?

When was the child able to walk without support?

(iv) Language When did the child start to speak monosyllables?

When did the child start to say single words?

When did the child start to speak sentences?

(v) Contact When did the child start to smile?

How does the child communicate with adults and other children?

How does the child react towards strangers?

(vi) Emotional How does the child show emotions (anger, uneasiness, disappointment, joy)?

 

C. Medical Examination Details:
1. Date of the Medical Examination
2. Colour of hair:
3. Colour of eyes:
4. Colour of skin:
5. Through my complete clinical examination of the child I have observed the following evidence of disease, impairment or abnormalities (in case applicable):
(i) Head (form of skull, hydrocephalus, craniotabes )
(ii) Mouth and pharynx (harelip or cleft palate, teeth)
(iii) Eyes (vision, strabismus, infections)
(iv) Ears (infections, discharge, reduced hearing, deformity)
(v) Any dysmorphic facies? If yes, describe
(vi) Organs of the chest (heart, lungs)
(vii) Lymphatic glands (adenitis)
(viii) Abdomen (hernia, liver, spleen)
(ix) Genitals (hypospadia, testis, retention)
(x) Spinal column (kyphosis, scoliosis)
(xi) Extremities (pes equines, valgus, varus, pes calcaneovarus, flexation of the hip, spasticity, paresis)
(xii) Skin (eczema, infections, parasites)
(xiii) Other diseases?
6. Are there any symptoms of syphilis in the child? Result of syphilis reaction made (date and year): Positive or Negative or Not done
7. Any symptoms of tuberculosis?
Result of tuberculin test made (date and year): Positive or Negative or Not done
8. Any symptoms of Hepatitis B?
Result of tests for Hbs Ag (date and year):Positive or Negative or Not done
Result of test for anti-HBs (date and year): Positive or Negative or Not done
Result of tests for HBeAg (date and year): Positive or Negative or Not done
Result of tests for anti HBe (date and year): Positive or Negative or Not done
9. Any history of Jaundice and blood transfusion?
Results of tests for HBsAG (date and year)?
If positive, whether specialist consultation taken (yes/ no, date and year); and further tests/ treatment undertaken (attach a copy of the documents)
10. HIV Test (refer to Standard Medical Test at Schedule IV)
HCV (Hepatitis C) (refer to Standard Medical Test at Schedule IV)
11. Does the urine contain:
Sugar?
Albumen?
Phyenylketone?
12. Stools (diarrhoea, constipation):
Examination for parasites: Positive or Negative or Not done
13. Is there any mental disorder or retardation of the child?
14. Give a description of the mental development, behaviour and skills of the child.
15. Any additional comments?
Note:
1. Refer to Infants between 1 month to 1 year of age in Section ‘B’ of Medical Test in Schedule IV.
2. Refer to Age 1-3 years and more than 3 years of Medical Test in Schedule IV [paragraph (C)].

 

D. Report concerning the psychological and social circumstances of the child (wherever required, assistance may be taken from special educator, physiotherapist, speech therapist and the social worker)
Please decide on each heading.
(i) Activity with toys (age appropriate as applicable):
1. The child’s eyes follows rattles or toys, that are moved in front of the child
2. The child holds on to a rattle
3. The child plays with rattles: putting it in the mouth, shaking it, moving it from one hand to the other etc.
4. The child puts cubes on top of each other.
5. The child plays purposely with toys: pushes cars, puts dolls to bed, feeds dolls etc.
6. The child plays role-play with toys with other children.
7. The child draws faces, human beings or animals with distinct features.
8. The child cooperates in structured games with other children (ballgames, card games etc).

 

(ii) Vocalization or language development (age appropriate as applicable):

 

1. The child vocalizes in contact with caregiver
2. The child repeats different vowel-consonant combinations (ba-ba, da-da, ma-ma etc.)
3. The child uses single words to communicate
4. The child speaks in sentences
5. The child understands prepositions as: on top of, under, behind etc.
6. The child uses prepositions as: on top of, under, behind etc.
7. The child speaks in past tense
8. The child writes his own name
9. The child reads simple words
10. Any other observation

 

(iii) Motor development (age appropriate as applicable):

 

1. The child turns from back to stomach from age: _____________
2. The child sits without support from age: ___________________
3. The child crawls or moves forward from age:_________________
4. The child walks with support of furniture from age: ________
5. The child walks alone from age:__________________________
6. The child climbs up and down stairs with support from age: ____
7. The child climbs up and down stairs without support from age:__
(iv) Contact with adults (age appropriate as applicable):
1. The child smiles in contact with known caregiver
2. The child is more easily soothed when held by known caregiver
3. The child cries or follows known caregiver, when the caregiver leaves the room
4. The child actively seeks known caregiver when he or she is upset or has hurt him or herself
5. The child seeks physical contact with all adults, that come into the ward
6. The child communicates his feeling in words to caregivers
(v) Contact with other children (age appropriate as applicable):
1. The child shows interest in other children by looking or smiling at their activity
2. The child enjoys playing beside other children
3. The child engages actively in activities with other children
(vi) General Level of Activity:
1. Active
2. Overactive
3. Not Very Active
(vii) General mood :
1. Sober
2. Emotionally indifferent
3. Fussy, difficult to soothe
4. Happy, content

In case of special needs child, specify the category of the child.

 

Overall Observation of the child:
Signature of the Examinee Physician
Designation and
Registration No.
Stamp
Date

 

E. Acceptance of Medical Examination Report by Prospective Adoptive Parent(s)
We have read and understood the contents of the Medical Examination Report and are willing to accept __________ as our adoptive child.

 

(Signature of the male applicant) (Signature of the female applicant)
(Name of the male applicant) (Name of the female applicant)
Date: Date:
Place: Place:

Schedule IV

[See regulation 29(1)(f)]

Medical Test for Children Admitted into Institutions

(1) Medical test for a child admitted into an institution can be broadly divided into two categories:

(a) To diagnose an illness/ condition that requires specific treatment, and thus testing would help in restoring the health of the child.

(b) To diagnose an illness/ condition of a nature that implies that the child will require special attention (medical and parental) beyond what a normal child needs, and therefore the family that adopts him/ her should be aware of the condition.

(2) Following shall be considered while conducting the medical test:

(a) The interest of the child has to be foremost.

(b) If the test results warrant further testing, specific therapy or consultation with specialists, should be undertaken by the agency/ institution where the child is staying.

(3) Medical Tests for different age groups:

  1. Newly born:

(a) Preterm newborns or those newborns weighing <2000g at birth or admission should be evaluated by a specialist neonatologist or paediatrician. These babies should undergo screening for Retinopathy of prematurity.

(b) Screening for hypothyroidism by thyroid function test (T4,TSH)

(c) Hearing screening: Otoacoustic Emissions (OAEs) or Brain stem evoked response audiometry (BERA)

(d) Screening for critical congenital heart disease: Pulse oximetry

(e) HBsAg

If any of these screening tests is abnormal, further confirmatory tests and specialists’ opinion should bemandatory, before labelling the child as special need.

  1. Infants between 1 month to 1 year of age

(a) Infants should be evaluated by a pediatrician

(b) Screening for hypothyroidism by thyroid function test (T4,TSH)

(c) Hearing screening: Otoacoustic emission (OAE) or Brain stem evoked response audiometry (BERA)

(d) Complete blood count, liver function test and renal function test (CBC, LFT and RFT)

(e) HIV testing in children older than 4-6 weeks of age

(f) HCV testing in children older than 3 months of age

(g) HBsAg

If any of these screening tests is abnormal, further confirmatory tests and specialists’ opinion should bemandatory, before labelling the child as special need.

  1. Age 1-3 years and more than 3 years

(a) In high risk areas (central and western states of India and tribal populations), screening for sickle cell anaemia is advised by complete blood count and either of these-haemoglobin electrophoresis or solubility testing for haemoglobin S or isoelectric focusing or high-performance liquid chromatography (HPLC).

If a child is found to be a carrier/trait for beta thalassemia or sickle cell anaemia on screening, he or she is unlikely to be affected or have transfusion requirement, and hence should not be considered as special need.

(b) HIV – Procedure for diagnosis in infants and children below 18 months of age:-

(i) HIV serological testing is used for the diagnosis of HIV in adults and children above 18 months of age.

(ii) Serological tests are not reliable and difficult to interpret in infants and children below 18 months of age because of passage of maternal HIV antibody across the placenta.

(iii) In children younger than 18 months, diagnosis of HIV infection is based on: a positive virological test for HIV or its components (HIV RNA or HIV DNA or ultrasensitive [Us] HIV p24 Ag) confirmed by a second virological test performed on a separate specimen taken more than 4 weeks after birth.

(iv) The WHO guidelines strongly recommend that all HIV-exposed infants have HIV virological testing at 4–6 weeks of age or at the earliest opportunity thereafter.

(v) If the child is older than 9 months, an HIV serological test is recommended prior to any virological testing, and a virological test should be performed for those with a reactive HIV serological test.

(vi) In the non-breastfed or never-breastfed infant, a negative serological test result at or above the age of 9 months can be used to rule out HIV infection.

(vii) In infants with an initial positive virological test result, it is strongly recommended that antiretroviral therapy (ART) be started without delay and, at the same time, a second specimen collected to confirm the result.

(viii) All the infants with unknown or uncertain HIV exposure being seen in health-care facilities at or around birth or at the first postnatal visit (usually 4–6 weeks), or other child health visit, have their HIV exposure status ascertained.

(ix) If the infant is seen <72 hrs after the delivery and HIV exposure is identified, post-exposure prophylaxis (PEP), counseling on safe breastfeeding and an HIV virological test at 4-6 weeks is recommended.

(x) For infants first seen at 4-6 weeks or the earliest thereafter and in whom HIV exposure is documented, HIV virological testing should be performed and the mother should receive safe infant-feeding counseling.

(xi) A negative HIV serological test in the mother does not per se exclude HIV exposure; the possibility of very recent incident infection of the mother during this pregnancy should be kept in mind.

In infants and children less than 18 months of age, a positive HIV serological test confirms HIV exposure but cannot definitively diagnose HIV. HIV serological testing can be used to exclude HIV infection.

(c) HCV diagnosis in infants and children:-

(i) Hepatitis C infection (HCV) is a chronic viral infection of the liver that affects 1-2% of adults and about 0.15 to 0.4% of children and adolescents.

(ii) In children, the infection is mostly acquired from mothers (vertical transmission).

(iii) Screening is by testing for HCV antibody in blood. The mother’s HCV antibody crosses the placenta and can stay in the blood of an infant for up to 18 months. Thus the anti-HCV antibody test cannot be done to screen for HCV in infants <18 months of age.

(iv) The American Academy of Pediatrics (AAP) recommends testing with antibody test after 18 months of age in high-risk children. Positive antibody test should be confirmed by HCV-PCR.

(v) If the baby is born to a known HCV positive mother (or in babies in adoption homes), testing with the HCV-PCR can be done. This should be done after 3 months of age due to a high rate of temporarily positive tests in infants under 3 months of age. Two negative HCV-PCR tests separated by at least 2-3 months are needed to confirm that there is not an infection with the hepatitis C virus.

(d) HBsAg

(e) CBC, LFT and RFT

Schedule V

[See regulation 7 (3)]

Deed of Surrender

Case No. ………….

In Re. …………………

  1. I/We, the undersigned……………………. (Family name/First name(s)) residing at ……………………………………., surrender my/our child(ren) ………………………….. (named) Aged…………, having date of birth ………………… on our own and without any coercion, compulsion, threat, payment, consideration, compensation of any kind;
  2. I/we have been counselled and informed:

(a) about the implication that I/we can withdraw our consent until 60th day of this surrender deed after which my/our consent will be irrevocable and I/we shall have no claim over the child or children.

(b) have been made aware of the implications of surrender and are conscious of the fact that after the 60th day from date of the surrender deed, the legal parent-child relationship between my/our child or children and me/us will be terminated.

(c) understand that my/our child may be adopted by person(s) residing in India or abroad and give my/our consent for this purpose.

(d) understand that the adoption of my/our child will create a permanent parent-child relationship with the adoptive parent(s) and then cannot claim back the child.

  1. I/we wish/do not wish (please tick whichever is applicable) my/our identity and address to be disclosed to my/our child when he/she returns for root search.
  2. I/we declare that I/We have read the above statements carefully and have fully understood the same.

Done at ……………. on…………..

[Signature or Thumb Impression of
surrendering person(s)]
  1. Declaration by Witnesses

We the undersigned have witnessed the above surrender.

(a) Signature, Name and Address of the first witness

…………………………………………………………………

…………………………………………………………………

(b) Signature, Name and Address of the second witness

………………………………………………………………..

…………………………………………………………………

  1. Certification of child welfare committee

We hereby certify that the person and the witness(es) named or identified above appeared before me this date and signed this document in our presence.

Done at ……………. on…………..

Signature and Seal of Members/

Chairperson Child Welfare Committee

Schedule VI

[See regulations 9(1), 15(3), 20(1), 40(6), 42(3), 52(1) and 53(3)]

Online Registration Form and List of Documents to be uploaded

Date of Registration:
Applicant category: Indians living in India, the prospective adoptive parents will have to register themselves.

In case of overseas citizen of India or a foreign national habitually residing in India, the prospective adoptive parents have to register themselves.

In cases of non-resident Indian, overseas citizen of India or a foreign prospective adoptive parents habitually residing in a foreign country, registration shall be done by Authorized Foreign Adoption Agency (AFAA) or Central Authority (CA) or Foreign Government department concerned in the country of residence.

In case of non-Hague countries, Indian mission abroad can process the applications of non-resident Indian prospective adoptive parents.

Applicant status: Single-unmarried/ widow/ widower/ divorcee/ legally separated

or

Married couple

(Date of marriage, place of marriage)

 

Personal Information:
Male Female
Name
Date of Birth
Nationality by Birth
Current Nationality/ Citizenship
Current residential address
City/ District
State
Country
Zip/Pin code
Phone no.
Mobile no.
Email
Occupation Details
Nature of occupation Govt. Job/ private job/ public sector job/ Business/ Non-profit Organisation/ consultant/ professional/ Others/ Not Working
Place of Work
Annual Income
No. of Biological/ Adopted Children Total ( )
Identification Details (as applicable):
PAN Number
Aadhar Card Number
Overseas Citizens of India Card Number
Passport Number
Preference for Adoption:
Gender Boy/ Girl/ No Choice
Child Category Sibling/ Single
Health Status Normal/ Physically Challenged/ Mentally Challenged
Age 0-2 years/2-4 years/4-6 years/6-8 years/8-10 years/10-12 years/ 12-14 years/14- 18 years
Preference for State:
Name of the Agency for Home Study Report
Address of the Agency
Motivation for Adoption
(Max 200 characters)

 

In case of Resident Indians, Overseas Citizens of India/ Foreign prospective adoptive parents residing in India, the prospective adoptive parents shall have to register themselves with all relevant documents. Documents to be uploaded at the time of registration
1. In-country Adoption (Indians residing in India)
(1) Current family photograph/ Photograph of person adopting a child
(2) PAN Card of the prospective adoptive parents
(3) Birth certificate/ Proof date of birth of the parents (In case of married couple, upload Birth Certificate of both the applicants)
(4) Proof of residence (Aadhar card/ voter card/ passport/current electricity bill/ telephone bill)
(5) Proof of income of last year (salary slip/ income certificate issued by Govt. Department/ income tax return)
(6) Certificate from a medical practitioner certifying that the prospective adoptive parents do not suffer from any chronic, contagious or fatal disease and they are fit to adopt (In case of married couple, upload Medical Certificate of both the applicants)
(7) Marriage certificate/ Divorce Decree/ Declaration from the competent court or affidavit on oath pertaining to divorce in case of divorce governed by personal law where decree of divorce is not mandatory/ Death certificate of spouse whichever is applicable.
In case of NRI/ Overseas Citizens of India/ Foreign prospective adoptive parents residing abroad, registration will be done by the concerned authority, i.e. Authorized Foreign Adoption Agency (AFAA) or Central Authority (CA) or Government department or Indian Mission (in cases of Indian citizens) only after completion of Home Study Report.

This is also applicable in case of Overseas Citizen of India or foreign prospective adoptive parents residing in India

2. Inter-country Adoption in cases of NRI/ Overseas Citizens of India and Foreign prospective adoptive parents
(1) Photograph of the applicant(s)
(2) Home Study Report of Overseas Citizens of India and foreign prospective adoptive parents residing in India to be uploaded later after registration)
(3) Passport (Male prospective adoptive parent)
(4) Passport (Female prospective adoptive parent)
(5) Overseas Citizen of India card of the prospective adoptive parents (if applicable)
(6) Birth Certificate (Male prospective adoptive parent)
(7) Birth Certificate (Female prospective adoptive parent)
(8) Proof of Residence
(9) Proof of income of last year (e.g. salary slip/income certificate issued by Government department/ Income tax return)
(10) Certificate from a medical practitioner certifying that the prospective adoptive parents do not suffer from any chronic, contagious or fatal decease and they are fit to adopt.
(11) Police Clearance certifying the antecedents of male prospective adoptive parent.
(12) Police Clearance certifying the antecedents of female prospective adoptive parent.
(13) Marriage Certificate (in case of couple)
(14) Copy of divorce decree/ Declaration from the competent court or affidavit on oath pertaining to divorce in case of divorce governed by personal law where decree of divorce is not mandatory/ death certificate of the spouse (if applicable).
(15) Undertaking from the relative in case of single PAP (if applicable).
(16) In case of Overseas Citizens of India/ Foreign prospective adoptive parents living in India, a copy of No Objection Certificate from their Embassy/ High Commission for adoption and assurance for post adoption follow up in case the prospective adoptive parents relocate from India (if applicable).
(17) 1st Reference Letter from a respected member of the society known to the PAPs.
(18) 2nd Reference Letter from a respected member of the society known to the PAPs.
Other documents to be uploaded after referral
(19) Consent of the older child/children in the family (more than five years of age)
(20) Consent of the older child to be adopted
(21) Permission of the receiving country as per Article 5 or 17 of the Hague Adoption Convention (applicable in case of Hague ratified country).
(22) In case of prospective adoptive parents residing abroad, undertaking from the prospective adoptive parents to allow personal visits by the representative of the Authorized Foreign Adoption Agency (AFAA) or CA (Central Authority) or concerned Government department or Indian Mission, as the case may be, for follow-up of the progress of the child as required under the Adoption Regulations.
(23) In case of Overseas Citizen of India/foreign prospective adoptive parents living in India, undertaking from the concerned Specialized Adoption Agency to provide post adoption follow-up.
(24) In case of Overseas Citizen of India/foreign prospective adoptive parents living in India, undertaking to allow personal visits of the representative of the Specialized Adoption Agency or District Child Protection Unit or State Adoption Resource Agency at least for a period of two years from the date of adoption.
(25) Undertaking from the Authorized Foreign Adoption Agency to provide progress report of the child for a period of two years and make alternate arrangement in case of disruption.
In case of NRI and Overseas Citizen of India prospective adoptive parents residing abroad, registration will be done by the concerned authority, i.e. Authorized Foreign Adoption Agency (AFAA) or Central Authority (CA) or Government department or Indian Mission (in cases of Indian citizens) for the purpose of relative adoption only after completion of Home Study Report. 3. Inter-country Relative Adoption
At the time of registration, all requisite documents to be uploaded in Child Adoption Resource Information and Guidance System as stated above in cases of inter-country Adoption[(1)-(15)].
Other documents to be uploaded after referral
(1) Consent of the older child/children in the biological family (more than five years).
(2) Consent of the older child to be adopted.
(3) Permission of the receiving country as per Article 5 or 17 of the Hague Adoption Convention (applicable in case of Hague ratified country).
(4) Relationship of the prospective adoptive parents to the relative child (family tree)
(5) Recent family photographs of the child, adoptive parents and biological parents.
(6) Consent of the biological family as provided inSchedule XIX.
(7) Permission from the Child Welfare Committee to the legal guardian to surrender the child in adoption with the relative as provided in Schedule XXII (if applicable).
(8) Family background report by District Child Protection Unit as provided in Schedule XXI.
In case of In-country Relative Adoption, the prospective adoptive parents have to register for such adoptions in Child Adoption Resource Information and Guidance System and handover relevant documents to District Child Protection Unit to upload in Child Adoption Resource Information and Guidance System 4. Documents to be uploaded in any case of In-country Relative Adoption
(1) Proof of residence of the prospective adoptive parents.
(2) Consent of the older child of the prospective adoptive parents for such adoption (required only in case the child is more than 5 years.)
(3) Consent of the biological parents (as provided in Schedule XIX of the Adoption Regulations)
(4) Permission from the Child Welfare Committee to the legal guardian to surrender the child in adoption with the relative as provided in Schedule XXII (if applicable).
(5) Affidavit by prospective adoptive parents in support of their relationship, financial and social status as provided in Schedule XXIV of the Adoption Regulations.
(6) Adoption order from court.
In case of Adoption of child/ children by step-parent, the biological and step parents have to register in Child Adoption Resource Information and Guidance System and provide relevant documents by uploading the same online through CARINGS. 5. Documents to be uploaded in case of Adoption of child/ children by step-parent
(1) Proof of residence of the biological parent and spouse adopting the child/ children along with the proof of them being legally wedded.
(2) Consent of the biological parent(s), spouse adopting the child/ children as provided in Schedule XX of the Adoption Regulations.
(3) Documents as required to be attached withSchedule XX of the Adoption Regulations, in case applicable.
(4) Adoption order from court.

Schedule VII

[See regulations 2(11), 9 (10) and 20 (2)]

Home Study Report of Resident Indian Parent/ Overseas Citizen of India/ Foreigner Living in India

  1. _______________________________
  2. _______________________________

Adoption of orphan/ abandoned/ surrendered children can be processed by following procedures as laid down in Adoption Regulations. All prospective adoptive parents are required to register in Child Adoption Resource Information and Guidance System (CARINGS) and adopt from authorized institutions.

Carings Registration No.
Date of Registration
Pan Card No.
Aadhar Card No, If Available
Passport No, If Applicable
Name of the Social Worker
Date of Home Visit

Part-1 of the report is to be filled up by the Prospective adoptive parents.

The Home Study Report helps build a strong proposal for the prospective adoptive parent (s) to adopt, and therefore, prospective adoptive parents are expected to provide all information to the best of their knowledge. The prospective adoptive parents are solely responsible for the authenticity of the information provided in the template and are required to sign below on each page of Part 1.

The prospective adoptive parent(s) are encouraged to seek advice from the social worker and Counsellors in preparing themselves for adoption and for supporting the child that they wish to adopt. Any difficulty faced by the prospective adoptive parents in filling up Part 1 may be shared with the Social Worker during the home visit.

Part-2 of the template is to be filled up by the Professional Social Worker engaged by the Specialized Adoption Agency or District Child Protection Unit or State Adoption Resource Agency or Central Adoption Resource Authority (CARA).

The Home Study Report helps the adoption agency in finding the family best suited for each child that is available for adoption. During the home study, the social worker will assess the financial, employment, health, lifestyle, home and neighbourhood environments of the prospective adoptive parent (s); their parenting styles and attitude(s); motivation for adoption; commitment towards adoption and their overall readiness-cum-maturity to adopt.

Part – 1

  1. Familiarity with Adoption

(This section can be filled up by either of the prospective adoptive parent)

  1. What is your motivation behind adopting a child

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

  1. Will you be able to support an older child, a child with an addressable medical condition or a child with special need?

Yes/ No

  1. Have you met any adoptive families or children who were adopted – if yes, how was your experience and response

________________________________________________________________________

________________________________________________________________________

  1. Are there any areas where you may need counseling or professional help in supporting the child you wish to adopt – please provide complete details?

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

  1. Please describe how the prospective adoption would affect other members residing with you and their support to the child.
  2. Family background information:
Particulars Male Applicant Female Applicant
Name (underline Family name)
Date of birth
Place of birth
Citizenship
Address
Email ID
Contact Phone No. and Mobile No.
Religion
Language(s) spoken at home
Date of Marriage
Date of Earlier Marriage (if any)
Date of divorce (if any)
Educational Qualification
Employment/ Occupation
Name and Address of the present Employer/ Business concern
Annual Income
Health Status

 

Photograph of the
prospective adoptive parents

(1) Provide following information about your parents.

Details about Parents of the Applicants Male Applicant Female Applicant
Father Mother Father Mother
Name in full
Age
Nationality/ Citizenship
Occupation
Previous occupation
Presently residing with prospective adoptive parent (Indicate Yes/ No)

(2) Please complete the following table with the names of each of your respective children (adopted and biological), their sex, educational status (kindergarten, elementary, etc.) and dates of birth.

Name of the Child Sex Date of Birth Educational Status

(3) Please provide age, gender, occupation, and nature of the relationship of other family member(s) residing with prospective adoptive parents.

Name Nature of Relationship Age Gender Occupation

(4) Please provide details of any other non-related adults/children living in the home (e.g. house help, staff, outside personnel etc):

_______________________________________________________________________

_______________________________________________________________________

  1. Professional/ Employment Details (Professional career details for last 5 years):Please complete the following table with details relating to your professional career.
Male Applicant
Organization Employer Details
(Name and Address)
Job Title From           To

 

Female Applicant
Organization Employer Details
(Name and Address)
Job Title From           To
  1. Financial Position:(Give a short description of your income from all sources, savings, investments, expenditures and liabilities).

_______________________________________________________________________

_______________________________________________________________________

Please provide your most recent tax invoices, bank statements etc. of both of you.

Do you have any outstanding debts, mortgages etc.

(a) If yes, please provide supporting documentation;

(b) No

  1. Current marital relationship and quality of marital relationship (if applicable):(Give details about the marriage, legal separation, if any, reasons for such separation, present marital life and decision making procedures).

(1) Please specify your marital status: ______________________

(2) Please describe the procedures you and your spouse use to reach a decision.

  1. Attitude of grandparents/extended family members, other relatives and significant others towards the present adoption:(Give a short description about the opinion of other important persons towards adoption who would have impact in the child rearing process when the child arrives in the receiving country.)
  2. Anticipated Plans of the prospective adoptive parents for adopted child and rearing in the Family:

(1) Please describe how you will manage caring for the adopted child and other life commitments such as work.

(2) Who will be responsible for caring for the child when you are at work, or absent from the familial home (domestic help, grandparents and spouse).

(3) In case the adopted child demonstrates adjustment difficulties, please describe the steps that you plan to take to ease his/her transition into the family?

  1. Preparation and Training for Adoption:(Give details about the counseling if undergone on adoption, child care, handling of needs of children, prospective adoptive parents training and/or experiences in parenting children having special needs, if any)

Understanding about adoption procedure:

Reading of reference materials:

Learning from friends/ relatives:

Interaction with adoptive parents groups:

Learning through counseling from professional:

  1. Possible Rehabilitation Plan for the child in case of any eventuality withprospective adoptive parent(s): (Give a short description about your plan for the security of the child in case you face any short or long term eventuality. In case you are a single prospective adoptive parent, please give a short description about the close relative who would be giving undertaking for the security of the child).

(1) Does your work require you to travel?

(2) Who would care for the child in your absence? Please provide a brief description including his/her age, gender, occupation and relationship:

(3) In the event of unforeseen misfortune do you have someone who could take legal guardianship of child? If so, Please provide a brief description including his/her age, gender, occupation and relationship and contact details:

  1. Health Status (Emotional and Physical):

(1) Do you or your spouse suffer from any medical condition? If so, would you please provide details?

(2) Are you or your spouse currently being treated by a psychologist or psychiatrist?

(3) Are you currently taking any prescribed medication?

(4) Are there currently any child(ren) in your house being treated for a severe medical condition?

(5) Does your family have health and hospitalization insurance coverage for all family members?

  1. Certified that the above information is true to best of our knowledge

Name and signature of the prospective adoptive parents

Part – 2

(To be filled up by the Social Worker preparing the Home Study Report)

As far as possible, the Home Study Report has to be completed within a period of one month from the date of registration.

The social worker should attempt to put the prospective adoptive parents at ease by opening the conversation with a warm-up question. The social worker should employ non-verbal cues such as inclining the head and nodding to indicate that the prospective adoptive parents are actively listening. After each question, the social worker may provide the prospective adoptive parents with sufficient time to respond. Any verbal response by the social worker to an answer by the prospective adoptive parents should be neutral and non-judgmental. The social worker should attempt to establish eye contact as much as possible between reading the question and jotting down the response of the prospective adoptive parents to demonstrate empathy. The social worker should try to avoid interrupting the prospective adoptive parents unless they do not understand a response.

(The information/ facts filled in the template shall be kept confidential by the agencies /authorities.)

  1. Factual Assessment:

(i) Have you verified the contents of the facts mentioned in Part I of the template? Yes/ No

(ii) Are you satisfied about the facts mentioned in the documents vis-à-vis observation during interviews and visits? Yes/ No

  1. Psycho-social Assessment:

2.1 Interaction with the prospective adoptive parents

(i) Have you interacted with the prospective adoptive parents individually and/or jointly?

(ii) Are the prospective adoptive parent(s) well prepared for adoption? In case of single prospective adoptive parent, please mention about family support system.

(iii) Do you think that prospective adoptive parents have expressed their genuine feeling for parenting?

2.2 Home visit findings:

(i) When did you visit the home of the prospective adoptive parents? Who were the members present during your visit?

(ii) Whom did you interact during the home visit?

(iii) Have you met any neighbour/relative? Give a detailed description about the interaction?

(iv) Whether the home environment is conducive for the child? If no, what steps can be taken to improve the situation? Have you advised the prospective adoptive parents?

(v) Are the prospective adoptive parent(s) well prepared for adoption?

(vi) Do you think that prospective adoptive parent(s) have expressed their genuineness during the interaction?

(vii) Did the prospective adoptive parent(s) have any doubt about parenting issues or any other issues? Have you cleared their doubts?

2.3 Interaction with the family members:

(i) Have you interacted with other family members of the prospective adoptive parents? What is their opinion about the proposed adoption? Are they positive about the adoption?

(ii) Are there any other family member(s) whom you could not interact but they might have a larger role in the proposed adoption? If so, how did you do their assessment? Did you take their views subsequently?

(iii) Have you interacted with older child(ren) present in the home of the prospective adoptive parents? If yes, please give details.

(iv) Have you noticed any adverse remarks from the family members? If so, how far those remarks may have an impact on the adoption process?

2.4 Financial capacity:

(i) What is your opinion about the financial status of the prospective adoptive parent(s)? Are they financially sound to welcome another member into their family?

(ii) Have you observed any financial situation which is not disclosed in Part-I?

2.5 Physical and emotional capacity:

(i) Are the prospective adoptive parents(s) in a good physical and emotional state to take care of a child?

(ii) Have you observed any physical or psychological issues with the prospective adoptive parent(s) or any other family member that is going to affect the life of the upcoming child? If so, give details.

(iii) Provide details of number of rooms in the house and if there is adequate space for the child to be supported.

(iv) Are the prospective adoptive parent(s) emotionally equipped enough to take care of a child?

  1. Recommendation for adoption.

3.1 Do you recommend the prospective adoptive parent(s) for adoption? Put your views and rationale for recommending the prospective adoptive parents for adoption including the parent(s) suitability. (Attach additional sheets, if required)

3.2 In case you do not recommend the prospective adoptive parents for adoption, appropriate reasons for taking such decision must be given in detail.

Signature, name, designation of Social Worker

Schedule VIII

[See regulations 11(1) and 16(2)]

Pre-Adoption Foster Care Undertaking

(In the Form of an Affidavit)

We, Mr. ______________, aged ____ years, citizen of ______________ and Mrs. ____________ aged ________ years, citizen of ______________, permanently residing at __________________ present address being _____________________ proposed Adopters of child _____________ (new full name) @ ___________ (old name) born on _________ presently in the care of ___________________________ (name and address of the Specialized Adoption Agency), do solemnly hereby declare as follows:

(1) We are taking the above mentioned child in pre-adoption foster care, pending the adoption order by the Court concerned.

(2) We understand that until the final adoption order from the Court concerned is received, the said child shall be under the authority and guardianship of _________________________ (name of Specialized Adoption Agency) and we shall only remain the foster parents of the child.

(3) The child placed with us will be given all necessary education, medical care, attention, nutrition and treatment required.

(4) In case of any untoward incident with the child, we will report the same to the Specialized Adoption Agency immediately.

(5) The institution will be kept informed about the development of the child once a month till the final court order is issued.

(6) We shall attend to the legal formalities and court hearing when called upon to do to.

(7) We undertake to bring-up the child/children as our own.

(8) We shall allow the authorized social worker/functionary of the Specialized Adoption Agency/District Child Protection Unit/State Adoption Resource Agency to visit our home for undertaking post-adoption follow up to ascertain the progress and well-being of the child/children in our family.

(9) We further undertake to inform any change of place of our residence (other than as stated in this application), to the Specialized Adoption Agency, District Child Protection Unit and the State Adoption Resource Agency concerned for the purpose of post adoption follow-up.

Mr. __________________ Mrs. _____________
Prospective Adoptive Father Prospective Adoptive Mother
Date: ____________
Witness:
Name: Name:
Signature: Signature:
Address: Address:

Schedule IX

[See regulations 12(1), 15(14) and 55(1)]

List of (Attested/ Notarised) Documents

To be filed along with the Adoption Petition in the Court

  1. In-country Adoption

To be obtained from the Prospective adoptive parents(PAPs) by the Specialized Adoption Agency

(1) Current family photograph/ photograph of the couple or person adopting a child

(2) PAN Card of the prospective adoptive parents

(3) Birth certificate/Proof of date of birth of the prospective adoptive parents

(4) Proof of residence (aadhar card/ voter card/ passport/current electricity bill/telephone bill)

(5) Proof of income of last year (salary slip/income certificate issued by Govt. department/income tax return)

(6) Certificate from a medical practitioner certifying that the prospective adoptive parents do not suffer from any chronic, contagious or fatal disease and they are fit to adopt (In case of married couple, upload Medical Certificate of both the applicants)

(7) Marriage certificate

(8) Divorce Decree/ Declaration from the competent court or affidavit on oath pertaining to divorce in case of divorce governed by personal law where decree of divorce is not mandatory/Death certificate of spouse in case of single prospective adoptive parent (if applicable).

(9) Two reference letters from acquaintances or relatives in support of adoption.

(10) Consent of the older child/children in the adoptive family (if more than 5 years)

To be arranged by the Specialized Adoption Agency

(11) Child Study Report signed by the prospective adoptive parents along with recent photograph of the child.

(12) Medical Examination Report of the child signed by the prospective adoptive parents.

(13) Certificate of Child Welfare Committee declaring the child ‘legally free for adoption’.

(14) Home Study Report of the prospective adoptive parents along with their recent family photograph.

(15) Recognition certificate of the agency as Specialized Adoption Agency.

(16) Consent of the older child/children to be adopted.

(17) Decision of the Adoption Committee (only in case of In-country adoption).

(18) Affidavit by the Chief Functionary of the Specialized Adoption Agency to Court in support of adoption of child.

(19) Pre-adoption foster care affidavit.

  1. Adoption by NRI/ Overseas Citizen of India/Foreign prospective adoptive parents residing in a foreign country

To be provided by the Authorized Foreign Adoption Agency(AFAA) or Central Authority(CA) or Government department or Indian Mission abroad to the Specialized Adoption Agency

(1) Photograph of the applicant(s)

(2) Home Study Report

(3) Passport (Male prospective adoptive parent)

(4) Passport (Female prospective adoptive parent)

(5) Overseas Citizen of India card of the prospective adoptive parents (if applicable)

(6) Birth certificate/Proof of date of birth of the prospective adoptive parents

(7) Proof of Residence

(8) Proof of income of last year (e.g. salary slip/income certificate issued by Government department /Income tax return)

(9) Certificate from a medical practitioner certifying that the prospective adoptive parents do not suffer from any chronic, contagious or fatal decease and they are fit to adopt.

(10) Police Clearance Certificate (Male prospective adoptive parent)

(11) Police Clearance Certificate (Female prospective adoptive parent)

(12) Marriage Certificate (in case of couple)

(13) Two reference letters from acquaintances or relatives in support of adoption.

(14) Divorce Decree/Declaration from the competent court or affidavit on oath pertaining to divorce in case of divorce governed by personal law where decree of divorce is not mandatory/Death certificate of spouse in case of single prospective adoptive parent (if applicable).

(15) Consent of the older child/children in the adoptive family (if more than 5 years)

(16) Authorization Certificate of Authorized Foreign Adoption Agency (not required in case of Central Authority or Government department or Indian Mission)

(17) Undertaking from the Authorized Foreign Adoption Agency concerned for furnishing post adoption follow-up report and for necessary action in case of disruption (not required in case of CA or Government department or Indian Mission)

(18) Permission of the receiving country as per Article 5/17 of the Hague Adoption Convention.

(19) Undertaking for permitting home visit to the social worker during post-adoption follow-up.

(20) Power of Attorney from the prospective adoptive parents in favour of the authorized functionary of the Specialized Adoption Agency to file the adoption application on their behalf in the court.

To be arranged by the Specialized Adoption Agency

(21) Child Study Report signed by the prospective adoptive parents along with recent photograph of the child.

(22) Medical Examination Report of the child signed by the prospective adoptive parents.

(23) Certificate of Child Welfare Committee declaring the child ‘legally free for adoption’.

(24) Recognition certificate of the agency as Specialized Adoption Agency

(25) Consent of the older child/children to be adopted

(26) Affidavit by the Chief Functionary of the Specialized Adoption Agency to Court in support of adoption of child.

(27) Pre-adoption foster care affidavit (wherever required)

(28) NOC issued by CARA in favour of adoption of a child by a Non-Resident Indian/Overseas Citizen of India/ Foreign prospective adoptive parents. In case of Overseas Citizen of India/Foreign prospective adoptive parents living in India, a copy of No Objection Certificate from their Embassy/ High Commission for the proposed adoption.

  1. Inter-country Relative Adoption.– As indicated in Schedule VI of the Adoption Regulations, the prospective adoptive parents shall file the adoption application in the court concerned of the district through their power of attorney, where the child resides with biological parents or guardians.
  2. In-country Relative Adoption.– As indicated in Schedule VI of the Adoption Regulations, the prospective adoptive parents shall file the adoption application in the court concerned of the district where the child resides with biological parents or guardians.

Note: Only the above mentioned list of certificates/documents as applicable are required to be filed. Infertility certificate is NOT required in any case of adoption.

Schedule X

[See regulation 16(1)]

Central Adoption Resource Authority

(A Statutory Body of Ministry of Women and Child Development)

Certificate Number: Date:

No Objection Certificate

Photograph of the child and the
prospective adoptive parents

Certified that the Central Adoption Resource Authority (CARA), the Central Authority of India on adoption matters, under the Ministry of Women and Child Development, Government of India, has ‘No Objection’ to the adoption of the child/ children with the prospective adoptive parents as per the details mentioned below:

Sl. No. Name of the Child Sex of Child Date of Birth Name and Address of the Prospective Adoptive Parent(s)
(i)
  1. This NOC is issued as per Adoption Regulations, 2017 and Article 17 (c) of the Hague Convention on the Protection of Children and Cooperation in respect of inter-country Adoption, 1993. 3. The Specialized Adoption Agency and the Foreign Adoption Agency/Central Authority/concerned Foreign Government department/Indian Diplomatic Mission have been authorized to process this adoption case. 4. The Specialized Adoption Agency shall file the adoption application in the competent court.

Signature and Seal of

Authorized Signatory To:

(1) Name and address of the Specialized Adoption Agency.

(2) Name and address of the State Adoption Resource Agency/ concerned State Government department.

(3) Name and address of Authorized Foreign Adoption Agency (AFAA)/concerned Foreign Government department/ Indian Diplomatic Mission.

(4) Diplomatic Mission of the Receiving Country in India.

(5) Central Authority of the Receiving Country.

(6) Foreigners’ Regional Registration Officer (FRRO).

Schedule XI

[See regulation 18(1)]

Central Adoption Resource Authority

Certificate Number: Date:

 

Photograph of the child and the
prospective adoptive parents

Conformity Certificate

(Under Article 23 of the Hague Convention on Protection of Children and Co-operation in respect of inter-country Adoption, 1993)

  1. The undersigned authority:

(Name and address of the competent authority of the State of adoption)

………………………………….

………………………………….

………………………………….

  1. Hereby certifies that the child:

Family name: …………………………..

First name(s): ………………………….

Sex: Male [ ] Female [ ]

Date of birth: day ….month ….year … .

Place of birth: ………………………….

Habitual residence: ………………………..

  1. Was adopted according to the decision of the following authority:

………………………………… .

Date of the decision: ………………………..

Date at which the decision became final: ……………….

(If the adoption was made otherwise than by a decision of an authority, please specify the equivalent details)

  1. By the following person(s):

(a) Family name of the adoptive father: ………………. .

First name(s): ……………………….. .

Date of birth: day ….month ….year … .

Place of birth: ……………………….. .

Habitual residence at the time of the adoption: …………. .

(b) Family name of the adoptive mother: ………………. .

First name(s): ……………………….. .

Date of birth: day ….month ….year … .

Place of birth: ……………………….. .

Habitual residence at the time of the adoption: …………. .

  1. The undersigned authority certifies that the adoption was made in accordance with the Convention and that the agreements under Article 17, sub-paragraph c, were given by:

(a) Name and address of the Central Authority of the State of origin:

……………………………….

……………………………….

……………………………….

Date of the agreement: …………………….

(b) Name and address of the Central Authority of the receiving State:

……………………………….

……………………………….

……………………………….

Date of the agreement: …………………….

  1. The adoption had the effect of terminating the pre-existing legal parent-child relationship.

Done at …………, on ……….

Signature and Seal of

Authorized Signatory

To:

(1) Name and address of the Specialized Adoption Agency.

(2) Name and address of the State Adoption Resource Agency/State Government concerned department.

(3) Name and address of Authorized Foreign Adoption Agency (AFAA)/concerned Foreign Government department/ Indian Diplomatic Mission.

(4) Diplomatic Mission of the Receiving Country in India.

(5) Central Authority of the Receiving Country.

(6) Foreigners’ Regional Registration Officer (FRRO).

Schedule XII

[See regulations 13(1), 19(1) and 20(5)]

Post-Placement Report of the Child

Report No. Date:

 

Photograph of the child
with family
  1. Identifying Information:

(a) Child’s Name(initial and given. if any) :

(b) Surname/ family name:

(c) Child’s date of birth:

  1. Contact Details of the Adoptive Parents:
  2. Child’s Adjustment:

(a) Current height and weight

(b) Results of physical examinations or doctor visits

(c) Eating and sleeping habits

(d) Emotional, physical and social development

(e) Attachment to family members

(f) Child’s enrolment in school (if applicable)

(g) Language(s) spoken (if applicable)

  1. Adjustment between Adoptive Family and the Child:
  2. Significant Changes in Family Structure or Dynamics, if any:

(Change of residence, employment, work responsibilities, illness, etc.)

  1. Observations and Recommendations of Social Worker

(Signature)

Social Worker’s Name:

Agency Name and Date

________________________________

Note: Online updating of post-placement report is mandatory

Schedule XIII

[See regulations 24(1)(f) and 26(4)(h)]

Standards of Child Care in Specialized Adoption Agencies

  1. The agencies are required to ensure that the following facilities are provided to the children in the institution:

(a) Physical facilities:

(i) Physical surroundings in which the children are cared for must be clean. Sanitation and hygiene maintained at the agency must be adequate since a majority of children at the institution are small and suffer from numerous ailments. Children below the age of 1 year should be in a room with an attached bathing room and milk room. Children between the age of 1 – 3 years should be kept in a room with an attached bathing and bathroom. The older children need to be separated into two boy’s room and girls room. Each room must have attached baths, and toilets.

(ii) There should be a separate washing area and a large kitchen and dining hall for the older children. Good lighting, ventilation and adequate space must be mandatory.

(iii) The home should be neat, clean, particularly bathrooms, toilets and kitchen. Walls and surroundings must be bright and stimulating. For visual stimulation the rooms should be well painted and decorated with toys, animal cut outs, etc

(b) Medical facilities: Regular medical inspection must be done. Preferably every alternate day by a registered medical practitioner. The child specialist is best trained to diagnose and treat children who are at risk and highly vulnerable.

(i) Infants and children on admission to institutions should be in quarantine and observation for a week at least.

(ii) Weight, height and head circumference may be noted along with any other details available on the child at admission.

(iii) A medical record should be maintained and a doctor must assess the child as soon as possible, preferably within 24 hours of his or her admission.

(iv) Each child below the age of six months should be photographed every month, from six months to 3 years every three months and thereafter, every six months.

(v) Immunization should be regularly given and monitored.

(vi) Emergency kits should be available at all times in the Home and there should be a doctor on call.

(vii) General health measures viz hygiene, dental, skin care and diet to be supervised.

(viii) Stimulation is very important for the proper development of the child. This could be achieved by increasing awareness amongst the nurses, helpers by introducing simple stimulation techniques in the daily routine. It is also advised to have a physiotherapist visit the children on a regular basis.

(c) Staff:

(i) The agency must have adequate staff for child care, preferably in the ratio of 4:1 for children below 1 year, 5:1 for children in the age group 1 to 3 years and 8:1 for older children.

(ii) Adoption Homes need personnel who are sensitized to the issues of the children. They need to be “educated” in caring for the children. It is recommended to conduct workshops for nurses, helpers, care takers and other staff to enable them to recognize the special status of these children who are under their care.

(iii) As committed staff is an integral part of good child care, the motivational levels of the staff should be kept high.

(iv) Staff to be immunized as well.

(d) Clothing: It is important that the children in a home are dressed in clean, comfortable and well-kept clothes at all times, not just during the visit of the adoptive parents.

(e) Food: The food in the institution should be hygienically cooked, nourishing and tasty. The menu should be varied. The need of children on a special diet should be attended to. This will help overcome the problems of malnutrition faced by children entering a home. Feeding charts with indication of the formulas may be displayed and followed.

(f) Education: The Specialized Adoption Agency should be able to provide informal education through a qualified teacher, and a special educator, or tie up with a school that will take the child or children on a temporary basis.

Note: All adoption agencies shall adhere to the standards of child care prescribed under the Juvenile Justice (Care and Protection of Children) Model Rules, 2016.

  1. While providing child care, the following issues are important:

(a) A child’s neurological growth is complete within the first few years of his or her early childhood and determines the brain’s capabilities throughout the rest of his or her life. Moreover, a child needs to have experienced positive attachment by the age of 3 in order to develop cognitively, physically, socially, and psychologically. Hence, every effort shall be made by the Specialized Adoption Agency to expeditiously find alternate family for such children so that they develop attachment and proper bonding experiences during infancy itself.

(b) It is very essential to talk, hug, hold, play, tell stories and sing to the child to give it a sense of security. Though this should be done regularly by the staff, it is also advisable to encourage volunteers to take up this activity.

(c) Quality child care (early childhood care) means providing adequate health care, immunization, feeding and nutrition, creating a safe environment so that infants and young children can play and socialize with their peers, promoting school readiness and preparing children for primary school and focusing on total development during early years of childhood.

(d) It should be ensured that there is no instance of child abuse and neglect while the child is in the institution.

Schedule XIV

[See regulation 43]

Timeline for Authorities Concerned and Agencies

  1. Timeline for the processes relating to children:
Sl. No. Regulation Action Time
1. 6(2) Specialized Adoption Agency to produce an abandoned child before the Child Welfare Committee along with a report containing his photograph and particulars. Within 24 hours (excluding journey period).
2. 6(5) & 7(10) Specialized Adoption Agency to enter the details of the child along with his photograph online in the Child Adoption Resource Information and Guidance System. Within three working days from the time of receiving the child.
3. 6(6) District Child Protection Unit to advertise the particulars and photograph of an abandoned child in a state level newspaper having wide circulation and local cable networks, wherever existing. Within three working days from the time of receiving the child.
4. 6(9) District Child Protection Unit to submit a report to the Child Welfare Committee on the efforts made by it for tracing out the biological parents/ legal guardian of an abandoned child, including the outcome of the particulars and photograph of the child in the newspapers. Within 30 days from the date of production of the child before the Child Welfare Committee for the same.
5. 6(10) Specialized Adoption Agency to submit a report to the Child Welfare Committee regarding the efforts made by it to trace the biological parent(s) or legal guardian of the abandoned child. Immediately after 30 days from the date of production of the child before the Child Welfare Committee.
6. 7(17) The reconsideration period/reclaiming of the surrendered child by the biological parent/legal guardian. 60 days of the date of surrender.
7. 7(18) Specialized Adoption Agency to upload the Child Study Report and Medical Examination Report along with latest photograph of the child. Within ten days from the date of declaration of the child as legally free for adoption by Child Welfare Committee.
8. 8(a) A normal child up to 05 years of age to be available for adoption by a Resident Indian (RI) and NRI prospective adoptive parents. For 60 days from the date the child is declared legally free for adoption by the Child Welfare Committee.
9. 8(b) An older child above 5 years of age and siblings to be available for inter-country adoption. After 30 days from the date the child is declared legally free for adoption by the Child Welfare Committee.
10. 8(c) A mentally and physically challenged child to be available for inter-country adoption. After 15 days from the date the child is declared legally free for adoption by the Child Welfare Committee.
  1. Timeline for Adoption by Resident Indians as well as Overseas Citizens of India/Foreigner living in India:
Sl. No. Regulation Action Time
1. 9(5) The prospective adoptive parents should upload documents after their registration. Within a stipulated period of thirty days.
2. 9(10) Home Study Report of the prospective adoptive parents to be completed by the social worker. Within 30 days from the date of submission of required documents in Child Adoption Resource Information and Guidance System.
3. 10(3) Prospective adoptive parents to reserve one child Within 48 hours from the date and time of referral.
4. 10(6) & 10(7) Process of matching of the reserved child by the Specialized Adoption Agency and acceptance by prospective adoptive parents Within 20 days from the date of reserving the child.
5. 12(1) Specialized Adoption Agency to file application in the Court for obtaining adoption order from the Court Within ten working days from the date of matching of the child by the prospective adoptive parents.
6. 12(6) Disposal of the adoption petition by the Court Within two months from the date of filing of the petition.
7. 12(8) Specialized Adoption Agency to obtain a certified copy of the adoption order from the Court, to forward the same to the prospective adoptive parents and also to post the same in the Child Adoption Resource Information and Guidance System. Within ten days from the date of adoption order.
8. 12(10) Specialized Adoption Agency shall apply for the birth certificate and obtain the birth certificate of the child from the issuing authority. Specialized Adoption Agency shall apply within 3 days from the date of issuance of the adoption order and it shall be issued by the authority within five days.
  1. Timeline for Adoption from India by Non-Resident Indian/ Overseas Citizen of India/Foreign prospective adoptive parents:
Sl. No. Regulation Action Time
1. 15(7) Reservation of one child by the prospective adoptive parents from Child Adoption Resource Information and Guidance System through the Authorized Foreign Adoption Agency/ Central Authority/ Government department/ Indian Mission Within 96 hours
2. 15(10) Acceptance of the child by the prospective adoptive parents Within 30 days
3. 16(1) No Objection Certificate by CARA Within ten days from the date of receipt of requisite documents including acceptance of the child by the prospective adoptive parents and approval of the Central Authority (CA).
4. 12(1) & 17(1) Specialized Adoption Agency to file adoption petition in the Court Within ten days from the date of receipt of No Objection Certificate from Central Adoption Resource Authority
5. 12(6) Disposal of the adoption petition by the Court Within two months from the date of filing of the petition.
6. 12(8) Specialized Adoption Agency to obtain a certified copy of the adoption order from the Court, to forward the same to the prospective adoptive parents and also to post the same in the Child Adoption Resource Information and Guidance System. Within ten days from the date of adoption order.
7. 18(1) CARA shall issue conformity certificate under Article 23 of the Hague Adoption Convention. Within three working days from the date of availability of adoption order.
8. 18(3) Specialized Adoption Agency to submit application to the Regional Passport Officer (RPO) for the passport to the child. Within three working days from the date of availability of adoption order.
9. 18(4) Regional Passport Officer to issue the passport to the child Within ten days from the date of receipt of application for the same.
10. 18(5) The Specialized Adoption Agency shall approach the birth certificate issuing authority for birth certificate of the adopted child Within a period of three days of obtaining of the certified copy of the adoption order.

Schedule XV

[See regulation 47]

Format for Quarterly Reporting of Adoption Data

By Specialized Adoption Agency (SAA)

Financial Year: ____________

Name of the Specialized Adoption Agency :
Address :
Landline :
Mobile :
Fax :
Email :

 

Part I No of children placed in In-country Adoption (pre-adoption foster care)* In-country Adoptions finalized by the Court #
Male Female Total Male Female Total
1st Quarter
(April- June)
2nd Quarter
(July – Sept)
3rd Quarter
(Oct – Dec)
4th Quarter
(Jan – March)
Total
Part II Pre-Adoption Foster Care in case of inter-country Adoption* Inter-country Adoptions finalized by the Court #
Male Female Total Male Female Total
1st Quarter
(April- June)
2nd Quarter
(July – Sept)
3rd Quarter
(Oct – Dec)
4th Quarter
(Jan – March)
Total

*Pre-adoption foster care means, a child who has left the institution with his/her adoptive family during the particular period pending finalization of adoption court order from the competent court.

# Adoptions completed means, adoption court order finalized during the particular period.

Schedule XVI

[See regulation 34 (12)]

Monthly Report of the Child Welfare Committee (CWC)

To the State Adoption Resource Agency

And Central Adoption Resource Authority

Name of the District: ______________________________, State __________________

Reporting Month________________, Year _________ Date of Report:

Part-A: Information about children declared legally free for adoption and number of cases pending for decision.

Child Category No. of cases pending from previous month No of new cases produced during the current month Total number of children declared legally free for adoption during the month Break-up of pendency before CWC
Children below 2 yrs of age Children above 2 yrs of age
M F M F M F Pending for > 2 months Pending for > 4 months Pending for > 4 months Pending for > 6 Months
1 2 3 4 5 6 7 8 9 10 11
Orphan
Abandoned
Surrendered
Any other (specify)
Total

Part-B: List of children declared legally free for adoption during the month of _____________

Sl. No. Name of the Child Date of Birth Gender Date of production before CWC and case no Name and address of the Child Care Institution (CCI)/ Specialized Adoption Agency (SAA) which produced the child Category (orphan/ abandoned/ surrendered) Date of receipt of application in CWC from CCI/ SAA for declaring the child legally free for adoption Date on which declared legally free for adoption Reasons for pending, if not cleared

[Note: The above information shall be entered online in the Child Adoption Resource Information and Guidance System (CARINGS) by the respective SAA/DCPU and the DCPU concerned shall validate the same in the CARINGS on real time basis, through physical verification wherever required for further transmission to Child Welfare Committee). The DCPU shall be responsible for the data integrity].

Schedule XVII

[See regulation 34(12)]

Format for Reporting of Adoption Cases

Part-I: Information regarding Adoption Cases in Child Adoption Resource Information and Guidance System (CARINGS) during the Month____________, Year ______

Name of the Court ____________________________, District ________________, State ___________

Sl. No. No. of In-country relative adoptions under section 56(2) of Juvenile Justice Act, 2015 No. of In-country adoptions under section 58 of Juvenile Justice Act, 2015 No. of inter-country adoptions under section 59 of Juvenile Justice Act, 2015 No. of inter-country relative adoptions under section 60 of Juvenile Justice Act, 2015
1 2 3 4

Part-II: Details of Adoption cases:

Sl. No. Type of Adoptions done Name of the child with gender and date of birth Adoptive Parents with Child Adoption Resource Information and Guidance System Registration No. Specialized Adoption Agency/ Child Care Institution concerned and their address (wherever applicable) Court concerned Adoption petition Number Date of filing of adoption petition Date of adoption order
1 In-country adoptions under Section 56(2) of Juvenile Justice Act, 2015 (2 of 2016)
Total
2. In-country adoptions under Section 58 of Juvenile Justice Act, 2015 (2 of 2016)
Total
3. Inter-country adoptions under Section 59 of Juvenile Justice Act, 2015 (2 of 2016)
Total
4. Inter-country relative (family) Adoptions under Section 60 of Juvenile Justice Act, 2015 (2 of 2016)
Total
Grand Total (1+2+3+4)

Note: Information at column 2 and 3 shall be posted by the Specialized Adoption Agency concerned and information related to paragraph 1 and 4 shall be posted by the adoptive parents online in the Child Adoption Resource Information and Guidance System (CARINGS).

Schedule XVIII

[See regulations 2 (21) and 48(3)]

Classification of Special Needs Children for the Purpose of Adoption

  1. Physical
  2. Refractory or Severe Rickets (Bones)
  3. Albinism (Genetic)
  4. Birth Asphyxia
  5. Blind or Partially Blind
  6. Blood disorders (e.g., severe anaemia requiring blood transfusion)
  7. Brain Lesions resulting in physical/ neurological or cognitive impairment (certified by paediatrician)
  8. Burns (Skin)
  9. Cancer
  10. Cerebral Palsy
  11. Chromosomal Abnormality (Genetic)
  12. Chronic Asthma
  13. Chronic Eczema
  14. Cleft Lip-Cleft Palate or Cleft Lip
  15. Club Feet
  16. Colon Block
  17. Colostomy
  18. Deaf or Partially Deaf
  19. Diabetes
  20. Dislocated Hips
  21. Dwarfism (Genetic)
  22. Ectodermal dysplasia (no sweat glands)
  23. Elephantitis
  24. Fetal Alcohol Syndrome
  25. Fingers/ toes joined (syndactyly)
  26. Fingers-toes missing
  27. Growth Hormone Deficiency
  28. Haemophilia
  29. Hare lip
  30. Heart conditions of a severe nature
  31. Hepatitis B+
  32. Hernia
  33. HIV
  34. Hydrocephalus
  35. Hypertonia
  36. Ichthyosis (Collodion baby) (Skin)
  37. Indeterminate sex (Genetic)
  38. Leprosy Active
  39. Limbs Missing
  40. Low Birth Weight (under 1800 gms)
  41. Microcephaly (Neurological)
  42. No Anal Tract
  43. Absence of one kidney– Physical
  44. Urinary Tract Anomalies– Physical
  45. One Testicle Missing
  46. Chronic otitis media
  47. Organs Missing
  48. Person with disability
  49. Pierre Robin Syndrome
  50. Polio – Physical
  51. Premature Birth (less than 34 weeks)
  52. Retinal Detachment
  53. Severe disfiguring birth marks
  54. Severe Orthopaedic conditions
  55. Speech dysfunction-dysphasia
  56. Squint (Severe)
  57. Stammering (only severe cases)
  58. Stuttering (only severe cases)
  59. Beta thalassemia, Thalassemia Major
  60. Tumour
  61. Mental
  62. Autism certified by a paediatric neurologist or child psychologist
  63. Child requiring psychiatric treatment
  64. Speech impaired
  65. Intellectual disability (certified by a paediatric neurologist or child psychologist)
  66. Severe learning disability (certified by a paediatric neurologist or child psychologist)
  67. Mental illness.
  68. Neurological
  69. Multiple Sclerosis
  70. Paralysis
  71. Spinal bifida
  72. Epilepsy/ Seizures/Convulsions (not excluding febrile convulsions)
  73. Any other neurological disorders as certified by pediatrician.
  74. Any other.Any other child with disabilities as defined in The Rights of Persons with Disabilities Act, 2016.

Note: The categories of ailments listed in this Schedule (compiled with the help of panel of doctors, All India Institute of Medical Sciences) are illustrative and not exhaustive.

Schedule XIX

[See regulations 51(2) and 55(1)]

Consent for the Purpose of Relative Adoption

  1. I/We the undersigned have read the following statements carefully and I/we have information about the effects of my/our consent and I/we am/are making the statement without coercion or threat and without receiving any payment or compensation of any kind.
Biological Father Biological Mother
Family name: …………………….. Family name: …………………………….
First name: …………………………………………… First name: ……………………………………………
Date of birth: day …. month …. year … Date of birth: day …. month …. year …
Permanent Address: ………………………………………. Permanent Address: ……………………………………….
————————————– —————————————

 

I/ We
(i) hereby terminate the natural relationship with the child.
(ii) understand that the adoption of this child will create a permanent and legal parent-child relationship with the adoptive parent(s).
(iii) certify that the child has given his/ her consent for the said adoption and willing to accept our relative as adoptive parents (wherever applicable).
(iv) certify that our consent has not been induced by payment or compensation of any kind.
(v) agree to place our child/ children in adoption with our relative falling under the definition of section 2 (52) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016).
Family name of the child: ……………………………………………..
First name(s): ……………………………………………
Sex: male [ ] female [ ]
Date of birth: day …. month …. year ….
Place of birth: …………………………………………..
Address: ……………………………………….
I/ We declare that I/ we have fully understood the above statements.
Signed at ……………. on …………..
(Signature or Thumb Impression of the biological parent(s))

 

Biological Father Biological Mother
Note :-     Death Certificate of the biological parent to be attached in case he/ she is not alive.
B.        Consent of the child, if he has completed five years of age
Countersigned by Biological Parent(s)

 

C. Prospective Adoptive Parent(s) Adopting the Child/ Children

 

Adoptive Father Adoptive Mother
Family name: …………………….. Family name: …………………………….
First name(s): …………………………………………… First name(s): ……………………………………………
Date of birth: day …. month …. year … Date of birth: day …. month …. year …
Permanent Address: ………………………………………. Permanent Address: ……………………………………….
————————————– —————————————
Pre-adoption relationship with the child: Pre-adoption relationship with the child:
_______________________________ ________________________________

I/ We, the undersigned:

(i) give my/ our consent to adopt the child/ children mentioned at part A above, out of my/ our free will.

(ii) understand that the adoption of the child/ children will create a permanent and legal parent-child relationship with me/ us with all the rights and duties associated with such relationship.

(iii) declare that I/ we have fully understood the above statements.

Signed at ……………. on…………..

(Signature or Thumb Impression of the prospective adoptive parent(s))
          Adoptive Father Adoptive Mother          

 

Photograph of biological parents Photograph of child Photograph of prospective adoptive parents
  1. Declaration by Witnesses

I/We the undersigned have witnessed the above.

(a) Signature, Name and Address of the first Witness with ID proof

…………………………………………………………………

…………………………………………………………………

(b) Signature, Name and Address of the second Witness with ID proof

………………………………………………………………..

…………………………………………………………………

Signed at ……………. on …………..

(Photographs of the child/ children to be adopted, the biological parents/ guardians and the witnesses are required to be pasted and attested in front.)

Schedule XX

[See regulation 52(2) and 55(2)]

Consent of Biological Parent(S) along with Step-Parent to obtain the permission of Child Welfare Committee for adoption of child/ children by Biological Parent and the Step-Parent

  1. I/We the undersigned:
Biological Father Biological Mother
Family name: …………………….. Family name: …………………………….
First name: …………………………………………… First name: ……………………………………………
Date of birth: day …. month …. year … Date of birth: day …. month …. year …
Permanent Address: ………………………………………. Permanent Address: ……………………………………….
————————————– —————————————

 

(i) hereby relinquish/ surrender my/ our natural right/ claim with my/ our child/ children ———————————– (name, gender, date of birth).
(ii) understand that the adoption of this child will create a permanent and legal parent-child relationship with the step-parent & the biological parent adopting the child.
(iii) certify that the child/ children has/ have given his/ her/ their consent for the said adoption and is/ are willing to accept the step-parent adopting the child/ children as father/ mother (strike out which is not applicable).
(iv) certify that my/ our consent above is given out of free will and has not been induced by payment or compensation of any kind.
(v) declare that I/ we have fully understood the above statements.

 

Signed at ……………. on…………..
(Signature or Thumb Impression of the biological parent(s))
Biological Father Biological Mother

 

B.     Consent of the child/ children at A (i), if completed five years of age before Child Welfare Committee.
Countersigned by Biological Parent(s)

 

C. Step Parent & the Biological Parent Adopting the Child/ Children.
Family name: ……………………..
First name(s): ……………………………………………
Date of birth: day …. month …. year …
Permanent Address: ……………………………………….
We, the undersigned:
(i) give our consent to adopt the child/ children mentioned at A (i) above, out of our free will.
(ii) understand that the adoption of the child/ children will create a permanent parent-child relationship with all the rights and duties associated with such relationship.
(iii) declare that we have fully understood the above statements.
Signed at ……………. on…………..

 

(Signature or Thumb Impression of the step-parent & the biological parent)
Step-Parent                           Biological Parent
  1. Declaration by Witnesses.– We, the undersigned have witnessed the above.

(a) Signature, Name and Address of the first Witness with ID proof

…………………………………………………………………

…………………………………………………………………

(b) Signature, Name and Address of the second Witness with ID proof

………………………………………………………………..

…………………………………………………………………

Signed at ……………. on …………..

Note. – (i) Death Certificate of the biological parent to be attached in case he/she is not alive.

(ii) Photographs of the child/children to be adopted, the biological parent(s), spouse adopting the child/children and the witnesses are required to be pasted and attested in the form.

(iii) In case children are being relinquished/surrendered by both the spouses from their respective earlier marriages for adoption, separate consent forms shall be filled up.

(iv) As per regulation 5 (3), no child shall be given in adoption to a couple unless they have at least two years of stable marital relations.

Photograph of biological father/ mother Photograph of child Photograph of step parent
  1. Certification of Child Welfare Committee.– Based on the above consents and supporting documents, the Child Welfare Committee ………………….. (name of the District) hereby declares the child/children mentioned at A (i) as legally free for adoption by …………………….. (step-parent) and …………………….. (one of the biological parents) only.

Signed at ………………….. on ………………….

Seal of Child Welfare Committee Signature of three members of
Child Welfare Committee

Schedule XXI

[See regulation 54(1)]

Family Background report of the Child and the Biological Parents in cases of Inter-Country Relative Adoptions

Date of Home Visit:

  1. Personal particulars about the child

1.1 Full name of the child:

1.2 Sex:  Male  Female

1.3 Date of birth (Birth Certificate of the child to be attached):

1.4 Place of birth:

1.5 Religion:

1.6 Language spoken (if applicable):

1.7 Order of birth in the family:

1.8 Present educational status:

1.9 Whether the child is able to express any feeling/opinion regarding his/her adoption?

Yes  No

1.10 If the child is above 5 years of age, written statement/ translation of statement of consent of the child for the proposed adoption by the social worker in English to be enclosed.

1.11 Disability/ special needs (if any to be reflected in the Medical Examination Report)

Yes  No

1.12 Whether the child has been counseled thoroughly about the effects of adoption?

Yes  No  NA (Not applicable in case the child is below 5 years old)

1.13 Whether the child knows about the legal termination of parent-child relationship due to the adoption?

Yes  No (Not applicable in case the child is below 5 years old)

1.14 Who has provided counseling to the child?

Parent/s  Guardian  Child Welfare Committee  Social Worker  Teacher  Uncle  Aunt  Sibling  Grandparent/s

Any other (Specify)

1.15 General Personality and description of the child:

1.16 Social and educational background of the child:

  1. Details about the biological parents of the child or guardian of the child, as the case may be.
Details of the father/ guardian Details of the mother/ guardian
Date of birth and age Date of birth and age
Religion Religion
Nationality Nationality
Present and Permanent Address Present and Permanent Address
Educational Qualifications Educational Qualifications
Present Occupation Present Occupation
Total income per month (proof to be given) Total income per month (proof to be given), if applicable
Whether suffering from any disease (if yes, details to be given) Whether suffering from any disease (if yes, details to be given)
  1. Details about other family members living with the biological parents/guardians (Other individuals who reside in the household or outside)
Name in full Age/ Sex Occupation details Marital status Relationship to the child
  1. Opinion about the proposed adoption by each member of the family
  2. Remarks of District Child Protection Unit.– (The District Child Protection Unit is required to provide counseling to the biological parents about the effects of adoption, give reasons for proposing the child in adoption to a relative. Further, the District Child Protection Unit has to mention if the adoptive parents have already interacted with the child, if yes when, reason/s or motivation/s for adoption. District Child Protection Unit may also describe about home of the biological family, whether the parents of the child/ren are in touch with the prospective adoptive parents, and description of living accommodation and photograph of the child with adoptive family, etc.
  3. Whether the envisaged placement is in the best interests of the child.– Signature with Stamp of the officer concerned from District Child Protection Officer

Address:

Documents to be attached with the Report

(a) Proof of residence of the biological family/guardian

(b) Proof of income of the biological family/guardian

(c) Proof of date of birth of the biological family/guardian

(d) Medical certificate in case the biological parent(s) have any medical condition

(e) Proof of date of birth of the child

(f) Medical Examination Report of the child to be adopted

Schedule XXII

[See regulation 51(2)]

Permission by child welfare committee to the consent given by the guardian of the child for adoption by his/ her relative (where biological parents are not alive/ not able to give consent)

  1. I/We, the undersigned give the following declaration before the Child Welfare Committee (District————–):
Male Guardian Female Guardian
Name ………………………………….. Name ………………………………….
Surname ………………………………. Surname …………………………………
Son of ……………………………………., Wife/ daughter of……………………..,
Date of birth: Day … Month ….. Year …….. Date of birth: Day … Month …. Year ……..
Permanent Address …………………………… Permanent Address ……………………………
Present Address: ………………………. Present Address: …………………………
Declare that:

 

The child (name) ………………………. (Surname) ……………………………………. Sex: Male [ ] Female [ ], Date of birth: Day ….. Month ….. Year……, Place of birth………., daughter/ son of ………………………….., permanent resident of ………………………………………………………………….and presently residing at ……………………………………………………………. is under my/ our custody due to death of his/ her parents(both). The natural parent(s) of the above mentioned child/ children is/ are my/ our ____________________ (please specify the relation and attach proof of supporting documents).
I/ We

 

(i) give consent to the surrender of the child named ———– to my/ our relative for adoption;
(ii) hereby terminate the legal guardian-ward relationship with the said child or children;
(iii) understand that the said child shall be adopted by his/ her relative residing in India or abroad;
(iv) understand that the adoption of this child will create a permanent parent-child relationship with the adoptive parent(s);
(v) shall have no claim over the child;
(vi) declare that I/we have fully understood the above statements carefully;
(vii) have information about the effects of my/ our consent;
(viii) Am/ are making the statement without coercion or threat and without receiving any payment or compensation of any kind.
Signed at ……………. on …………..
[Signature or Thumb Impression of the Guardian(s)]
  1. Acceptance of child’s relative adopting the child.
Adoptive Father Adoptive Mother
Family name: …………………….. Family name: …………………………….
First name(s): …………………………………………… First name(s): ……………………………………………
Date of birth: day …. month …. year …. Date of birth: day …. month …. year ….
Permanent Address: ………………………………………. Permanent Address: ……………………………………….
————————————– —————————————

I/We

(i) accept and understand that the adoption of this child will create a permanent parent-child relationship with us.

(ii) certify that the consent have not been induced by payment or compensation of any kind.

(iii) declare that I/we have fully understood the above statements.

Signed at ……………. on…………..

[Signature or Thumb Impression of the adoptive parent(s)]
Adoptive Father Adoptive Mother

III. Declaration by Witnesses. – I/we the undersigned know the guardian of the child/children very well and have witnessed the above statement of consent or surrender.

(a) Signature, Name and Address of the first Witness

…………………………………………………………………

…………………………………………………………………

(b) Signature, Name and Address of the second Witness

………………………………………………………………..

…………………………………………………………………

Photograph of the guardian Photograph of child Photograph of prospective adoptive parents
  1. Certification of Child Welfare Committee

Name (s): ………………………………………………..

Designation: ……………………………………………….

The Child Welfare Committee …………………… hereby certifies that the person and the witness (es) named above appeared before the Committee and signed this document in our presence.

Signed at ……………. on…………..

Signature and Seal

Child Welfare Committee

Schedule XXIII

[See regulation 12(11)]

Affidavit by the Chief Functionary/ Authorized person of the Specialized Adoption Agency to Court in support of Adoption of Child ______________________

  1. Affidavit of_____________________ working as __________________________ in ______________ located at _______________
  2. I do hereby state of solemn affirmation as under:

(a) That details of the child ________________________ (Name, gender and DOB) have been entered into the online Child Adoption Resource Information and Guidance System (CARINGS). The unique registration number assigned to the child through Child Adoption Resource Information and Guidance System (CARINGS) is _____________________.

(b) That the Child Welfare Committee ___________________ has declared the child as legally free for adoption on __________________.

(c) That the child was referred to waiting Prospective adoptive parents in the online child referral system through Child Adoption Resource Information and Guidance System and the child has been accepted by the present prospective adoptive parents (Regd. No and Name) ____________________________________ following the procedure as provided in paragraph ______________ of the Adoption Regulations.

(d) That the Home Study Report of the prospective adoptive parents, prepared by _____________________________ is found to be suitable.

(e) That the Adoption Committee constituted under paragraph ______________ of the Adoption Regulations has taken decision in favour of the proposed adoption and accordingly the adoption application has been filed in the Court _________________________.

Or

That No Objection Certificate for the proposed inter-country adoption has been issued by the Central Adoption Resource Authority (CARA) on dated —— (strike out the one which is not applicable).

(f) That the adoption procedure followed in this case complies Section ________________ of the Juvenile Justice (Care and Protection of Children)Act 2015 and paragraph ________________ of the Adoption Regulations.

(g) That our organization ___________________ has been recognized by the State Government of ______________________ to run as a Specialized Adoption Agency vide no. _______________ dated __________ which is valid till __________________.

(h) That the Specialized Adoption Agency has received adoption fee Rs. __________________ only as stipulated by Central Adoption Resource Authority (CARA).

(i) That I commit myself not to receive any donation in any form from the adoptive parents or their relatives or through their sponsoring agency during the adoption process or after completion of the adoption process.

(j) That facts stated above are genuine to the best of my knowledge and belief and I do hereby declare that in case the facts mentioned above are found non-genuine, I shall be liable for the consequences.

Verification

That I ___________________, the deponent above, do hereby verify that the contents of the above affidavit are true and correct.

Verified at Deponent

Sworn and signed before me

On ______________________

In my presence

Schedule XXIV

[See regulation 51(4)]

Affidavit of Prospective Adoptive Parent(s)

In cases of In-Country Relative Adoptions

In support of their Relationship, Financial and Social Status as per sub-regulation 4 of regulation 51

Affidavit of Mr. __________________________ and Mrs. _______________________, resident of ____________________________________, about socio-economic and financial status to adopt the child _____ from the relative family Mr. ________________________ and Mrs. _______________________, residing at ________________________.

  1. That I/we am/are Indian nationals residing in _________________ since __________ years.
  2. That the child proposed to be adopted is my _________________ and fulfills the relationship criteria as provided in Section 2 (52) of the Juvenile Justice (Care and Protection of Children) Act 2015.
  3. That my/our total annual income from all sources is _______ per annum, which is adequate to raise the child in our family in the local living standards where we reside.

Verification

That I/we _____________________, the deponent above, do hereby verify that the contents of the above affidavit are true and correct.

Verified at Deponent

Sworn and signed before me on ————— in my presence

Schedule XXV

[See regulation 26(3)]

Format for Inspection of Specialized Adoption Agencies

  1. Information about the Institution

Name of the Institution: ________________________________ Address of the Institution:________________

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

_______________

Telephone Number:

E-mail:

Name of the State:

Date of inspection:

Inspection Team:

Sl. No. Name Designation Office
(a)
(b)
(c)
(d)
(e)

Date of previous Inspection:

Done by:

  1. Legal Status
Sl. No. Registration/ Recognition Status
(a) Registration No under Societies Registration Act 1860 (21 of 1860) or Indian Trusts Act; 1882 (2 of 1882) or Companies Act; 2013(18 of 2013) or Income Tax Act; 1961 (43 of 1961). No.

Date:

(b) Registration as a Child Care Institution under Section 41 (1) of the Juvenile Justice (Care and Protection of Children) Act 2015 and its validity. No.

Validity period :

(c) Recognition as a Specialized Adoption Agency for placing children in adoption under Section 65(1) of the Juvenile Justice (Care and Protection of Children) Act 2015. No

Validity period:

(d) Foreign Contribution Regulation Act Registration No. if any and its validity No.

Validity period:

  1. Staff

3.1 Staff of the Specialized Adoption Agency if getting grants under ICPS

Sanctioned Position Name of the Staff Date of joining Qualifications and Experience
Manager/ Coordinator (1)
Social Worker cum Early Childhood Educator (1)
Nurse (1)
Doctor (Part time)
Ayas (6)
Watchman (1)
Any other staff in the payroll of the Specialized Adoption Agency
Name of the volunteer if any

3.2 Staff of the Specialized Adoption Agency if not getting grants under ICPS

Position Name of the Staff Date of joining Qualifications and Experience
  1. Committees in place
Committee Meetings held during last financial year Observations of the Inspecting Team
Managing Committee/ Governing Body
Adoption Committee
Home Management Committee
Any other Committee
  1. Documents and record keeping (Please put √ mark wherever required)
Records/ Registers to be maintained by the Specialized Adoption Agency as per Adoption Regulations Observations
(a) Master admission register
(b) Attendance register of the children
(c) Attendance register of the staff
(d) Vouchers, cashbook, ledger, journal and annual accounts
(e) Grant utilization register
(f) Stock register
(g) Record of minutes of meetings of the Management Committee
(h) Record of minutes of meetings of the Adoption Committee
Whether the case files maintained by the Specialized Adoption Agency contain documents as stipulated in Schedule VIII of the Adoption Regulations and Observation of the Inspecting Team?
 
  1. Carings & Status of Children

6.1 Status of children in Child Adoption Resource Information and Guidance System (The Team may match actual status with the online data during the visit)

Name of the adoptable child in Specialized Adoption Agency and linked Child Care Institution Male/ Female DOB Legally free for adoption with date Adoptions in process Pendency in Court for more than 2 months

6.2 Status of legally free children in Child Adoption Resource Information and Guidance System (The Team may match actual status with the online data during the visit)

No. of Children in Specialized Adoption Agency and the linked Child Care Institution Photo uploaded Child Study Report uploaded Medical Examination Report uploaded Child Welfare Committee Certificate uploaded Remarks

6.3 Pending post-adoption follow-up reports in Child Adoption Resource Information and Guidance System (The Team may match actual status with the online data during the visit)

Children in Specialized Adoption Agency and the linked Child Care Institution Court order uploaded Post-adoption follow-up pending Observations

6.4 Cases of disruptions if any during last three years

Year At the stage of pre-adoption foster care before filing a petition At the stage of pre-adoption foster-care after the petition has been filed in the court After the adoption order is issued Observations

6.5 Pending status of Home Study Report beyond one month

Cases where Home Study Report is pending beyond one month from the date of completion of registration Reasons for the same Observations of the Inspection Team
  1. Infrastructure

7.1 Building:

(a) Rented: ————————- Owned: —————————————–

If rented, give details of rent paid per month and copy of rent agreement: ………………………………………………………………………………………………………….

(b) CCTV cameras installed at the entrance :                    Yes       No

(c) Sufficient space to accommodate the children :          Yes       No

7.2 Space available

No. of rooms/ dormitories
Provision of sick room/ medical unit
Counseling room

 

Recreational/ activity room for Children
(a) Is there a TV set available with Cable network? Yes           No
(b) How often are children allowed to view TV? in the evenings or any time
(c) Are children playing games indoors? Yes           No
(d) What games are available to them? Age appropriate games or not
(e) Are children playing games outdoors? Yes           No
(f) Do they have equipments/ accessories to play? Yes           No
(g) Do children go for picnics/ excursions? Yes           No
(h) Do they have interactions with eminent personalities? Yes           No
(i) Is there a recreation room available to children? Yes           No

 

(j) Kitchen/ Dining Room? Yes           No
(k) Is the cooking area and pantry separate? Yes           No
(l) Do children get individual plates, mugs glasses? Yes           No
(m) Are cooking utensils adequate and clean? Yes           No
(n) Is there a fridge available for children? Yes           No
(o) Is there an Oven available for children? Yes           No
(p) Is there a Gas stove available in kitchen? Yes           No
(q) Is there a chimney available? safe/ away from children or not
(r) What is the arrangement to keep the gas cylinders? Yes           No
(s) Adequate water supply for washing, cooking? Yes           No
(t) Adequate drinking water available Manual or mechanical
(u) (RO)? Yes           No
(v) Is cooking done by machines or by cook? Yes           No

 

(w) Number of toilets and bathrooms for Children Yes           No
(x) Flush is working Yes           No
(y) Taps in the wash basin are functioning Yes           No
(z) Is the floor slippery Yes           No
(aa) Drains clean Yes           No
(bb) Drains are clogged Yes           No
(cc) Fittings for hanging clothes/ towels in place Yes           No
(dd) Cow webs are removed Yes           No
(ee) Door has a latch Yes           No
(ff) Door has peep holes Yes           No
(gg) Frequency of bath a child is allowed once or more in a day
(hh) Water is adequately available Yes           No
(ii) Adequate numbers of buckets and mugs Yes           No
(jj) Personal toiletries are provided Yes           No
(kk) Is washing powder or soap given Yes           No
(ll) Do children wash their own clothes Yes           No
(mm) Is there a washer man available Yes           No
(nn) Is the washing machine in functional Yes           No

 

Open space for outdoor activities Observations:
Class rooms

7.3 Premises

(a) Does the home have a child friendly indoors? Yes           No
(b) How often is the sweeping, swabbing done? Twice a day or more
(c) Are the children involved in cleaning exercise during class hours? Yes           No
(d) Are the facilities of coolers/ heaters available for children? Yes           No
(e) Are the doors and windows maintained properly? Yes           No
(f) Are the rooms and dormitories well ventilated? Yes           No
(g) Is there an alternate provision for lights and fans when there is no electricity available? Yes           No
(h) Are the outdoors clean, pleasant and child friendly? Yes           No

7.4 Clothing/ Bedding/ Lockers/ Toiletries provided to the children:

(a) Are the clothes provided as per size and season Yes           No
(b) Provisioning of undergarments as per JJ Rule 2016 Yes           No
(c) New clothes are stitched or bought stitched or bought
(d) Are the mattresses given individually Yes           No
(e) Are pillows given individually Yes           No
(f) Are the mattress and pillows clean Yes           No
(g) Do children have separate cupboards Yes           No
(h) Are bed sheets and Khes available Yes           No
(i) Are blankets available in winters Yes           No
(j) Number of sets provided on arrival one/ two/ three/ four
(k) Frequency of providing new clothes Monthly/ Quarterly
(l) Are these sets of same colour or different colours? Same/ different
(m) Are children provided with individual lockers to keep their personal items? Yes           No
(n) Other articles provided to the children: …………………………………
……………………………………………………………………………………………………………………………………………….
……………………………………………………………………………………………………………………………………………….
……………………………………………………………………………………………………….

7.5 Services provided to the children:

(a) Medical facilities/ Maintenance of Health Cards: ……………………………………..
………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………
(b) Nutrition/ Special Diet:
………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………
(c) Provision of safe drinking water : ……………………………………..
………………………………………………………………………………………………………………………………………………
(d) Education (Formal Education/ NFE and Life Skill Training Programme) :
………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………
(e) Counseling/ Guidance services provided : ……………………………………..
………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………
(f) Physiotherapy service available to children?
………………………………………………………………………………………………………………………………………………
(g) Recreational facilities available in the adoption agency for children :
………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………

7.6 Daily Routine of Children :

Time Activities/ Schedule
Morning
Day Time
Afternoon
Evening
Late evening/

Night

  1. Linkages.

Linkages developed with other agencies/ departments :

………………………………………………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………………………………………………

  1. Connectivity and status in Child Adoption Resource Information and Guidance System and designated portal for missing child :

………………………………………………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………………………………………………

  1. Funds/ Grants received during last financial year :
Fees for conducting Home Study and Post-adoption follow-up Adoption fee Grants from State Govt. under ICPS Any other donations/ grants received
  1. Funds/ Grants utilized during the last financial year
Head-wise expenditure incurred Amount Observations of the Inspecting Team after examining vouchers, cheque or cash receipts and other relevant registers
  1. Bank details of the Specialized Adoption Agency.
  2. Any best practice followed by the Specialized Adoption Agency.
  3. Issues raised by the Specialized Adoption Agency related to delays in the adoption process, funds or any other issue related to adoption.
  4. Observations and Recommendations of the Inspecting Team.

Signature of the Inspecting Officer

(Name and Designation)

Signature of the Inspecting Officer

Name and Designation

Signature of the Inspecting Officer

Name and Designation

Signature of the Inspecting Officer

Name and Designation

Schedule XXVI

[See regulation 23(1)]

Application from a Child Care Institution for recognition as a Specialized Adoption Agency

1. About the Institution:
1.1 Name of the Institution/ Organization
1.2 Registration number and date of Registration of the Institution/ Organization under the relevant Act (Relevant documents of registration and bye-laws, memorandum of association to be annexed)
1.3 Registration number and date of Registration of the Institution/ Organization as a Child Care Institution (Annex copy of the Registration Certificate)
1.4 Period of validity to run the Child Care Institution
1.5 Complete address of the Applicant/ Institution/ organization
1.6 STD code/ Telephone No.
1.7 STD code Fax No.
1.8 E-mail address
1.9 If the organization is of all India character, give address of its branches, in other states.
1.10 If the Child Care Institution had been denied recognition/ registration as a Specialized Adoption Agency earlier? Yes/ No
If Yes
(a) Ref. No. of application which resulted in denial of recognition as Child Care Institution:
(b) Date of denial:
(c) Which department has denied the recognition:
(d) Reason for denial of recognition as Specialized Adoption Agency:
2. Infrastructure:
2.1 No. of Rooms (mention with measurement)
2.2 No. of toilets (mention with measurement)
2.3 No. of Kitchen (mention with measurement)
2.4 No. of sick room
2.5 Copy of blue print of the building (authentic sketch plan of building) to be attached
2.6 Arrangement to deal with unforeseen disaster; also mention the kind of arrangement made:
(a) Fire
(b) Earth quake
(c) Any other arrangement
2.7 Arrangement of drinking water (certified from Public Health Engineering department to be annexed).
2.8 Arrangement to maintain sanitation and hygiene:
(a) Pest Control
(b) Waste disposal
(c) Storage area
(d) Any other arrangement
2.9 Rent agreement/building maintenance estimate (whichever is applicable)

(Annex: copy of Rent agreement)

3. Capacity of the Institution/ Organization
No. of children (0-5, 5-11 and 11-18 years) present in the home
4. Facilities Available for children
4.1 Educational facility
4.2 Health Check-up arrangement, frequency of check-up, type of check-ups proposed to be done
4.3 Any other facility having impact on the overall development of the child
5. Staffing
5.1 Detailed staff list(to be annexed)
5.2 Name of partner organizations
6. Background information about the Child Care Institution
6.1 Major activities of the organization in last two years

(Annex copy of Annual Report for last two years)

6.2 An updated list of members of the management committee/ governing body (Please annex resolution of the executive body of the institution supporting decision to run an adoption agency)
6.3 List of assets/ infrastructure of the organization (to be Annexed)
6.4 If the organization registered under the Foreign Contribution (Regulation) Act, 1976 (49 of 1976)

(Certificate to be annexed)

6.5 Details of foreign contribution received last two years

(Annex: relevant documents)

6.6 List of other sources of grant-in-aid funding (if any) with the name of the scheme/ project, purpose amount, etc.
6.7 Details of existing bank account of the agency indicating branch code account number.
6.8 Whether the institution agrees to open a separate bank account for the grant proposed

I have read and understood The Juvenile Justice (Care and Protection of Children) Act, 2015(2 of 2016) and the Juvenile Justice (Care and Protection of Children) Model Rules, 2016.

I declare that no person associated with the organization has been previously convicted or has been involved in any immoral act or in any act of child abuse or employment of child labour and that the organization has not been blacklisted by the Central or the State Government at any point of time.

________________________ (Name of the Organization/Institution) has complied with all the requirements to be registered as a Specialized Adoption Agency under the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016) and The Juvenile Justice (Care and Protection of Children) Rules, 2016.

I undertake to regularly update data on Child Adoption Resource Information and Guidance System (CARINGS) and to have facilities for the same.

I undertake to abide by all the conditions laid down by the Central/State Act, Rules, Adoption Regulations and notifications in this regard.

Signature of the authorized signatory: ________________________

Name:

Designation:

Address:

District:

Date:

Office stamp:

Signature of:

Witness no.1: ________________________

Witness no.2: ______________________

Schedule XXVII

[See regulation 10(4)]

Format of Minutes of the Adoption Committee

In case of In-Country Adoption

Name and Address of the Specialized Adoption Agency:

  1. Following are the members of the Adoption Committee as per sub-regulation 4 of regulation 10 of the Adoption Regulations notified by Central Government.
Sl. No. Name Designation
(1)
(2)
(3)
[In case of adoption through Specialized Adoption Agency-Child Care Institution linkage, the members would be in accordance with regulation 58 (8) of the Adoption Regulations. The quorum of the Committee shall be as per para 10 (5) of the regulations]
  1. The undersigned members of the Committee have scrutinised all requisite documents (attested/notarised) required for filing adoption application in the Court as mentioned below:

(1) Current family photograph/Photograph of person adopting a child.

(2) PAN Card of the parents.

(3) Birth certificate/Proof date of birth of the parents (In case of married couple, upload Birth Certificate of both the applicants).

(4) Proof of residence (aadhar card/ voter card/ passport/current electricity bill/telephone bill) .

(5) Proof of income of last year (salary slip/income certificate issued by Govt. department/income tax return).

(6) Certificate from a medical practitioner certifying that the prospective adoptive parents do not suffer from any chronic, contagious or fatal disease and they are fit to adopt (In case of married couple, upload Medical Certificate of both the applicants).

(7) Marriage certificate/Divorce Decree/Declaration from the competent court or affidavit on oath pertaining to divorce in case of divorce governed by personal law where decree of divorce is not mandatory/Death certificate of spouse whichever is applicable.

(8) Two reference letters from acquaintances or relatives in support of adoption.

(9) Copy of divorce decree/Declaration from the competent court or affidavit on oath pertaining to divorce in case of divorce governed by personal law where decree of divorce is not mandatory/death certificate of the spouse (if applicable).

(10) Copy of consent of the older child/children in the family (if more than 5 years).

  1. Decision of the Adoption Committee.

(1) It has been decided by the Committee that the Prospective Adoptive Parents……………………………………………. ………………………………………………………………………………………………… having Registration No ……………….. have been considered suitable to adopt the child ………………………………….. (Date of Birth……………………) having Registration No ………………..

(2) In case the prospective adoptive parents are not considered suitable, reasons for the same:

        (…………………….) (……………………) (……………………..)
             Member 1 Member 2 Member 3
(Name and Designation) (Name and Designation) (Name and Designation)

Schedule XXVIII

[See regulation 12(2)]

Model Application in case of Orphan or Abandoned or Surrendered Child(ren) to court for In-Country Adoption

In the Court of ____________ Ld. District Judge/ Addl. District Judge, District Court/ Principal Judge/ Judge, Family Court or Civil Judge/ Addl. Civil Judge (Senior Division), as the case may be, at _____________________.

Misc. Civil Application (MCA) No. ____________/ Year

Child Adoption Resource Information and Guidance System Regd. Number of prospective adoptive parents:

Name of the Specialized Adoption Agency concerned:

Registered Office at:

Through its Adoption In-charge/Social Worker (name and age)

Applicant

(Note: In case the child is from a Child Care Institution, the particulars of such Child Care Institution may be mentioned here as co-applicant)

And

  1. Mr. ______________________ S/o ___________________ Aged about _____ years, Citizen of _______________, Occupation: ____________ Permanent Residential address: _____________________________________________.
  2. Mrs. ______________________ W/o ___________________ Aged about _____ years, Citizen of _________, Occupation: _________________ Permanent Residential Address: ___________________________________.

Prospective Adoptive Parents

Application in the matter of adoption of the child: _____________ (male/female, DOB: _____________) under section 58 (3) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016) read with regulation 12 (2) of the Adoption Regulations.

The Applicant most respectfully submits before this Hon’ble Court as under:-

  1. That the Applicant is a recognized Specialized Adoption Agency under Section 65 of the Juvenile Justice (Care and Protection of Children), 2015 (hereinafter referred to as “Juvenile Justice Act”) by the State Government of __________________________, for rehabilitating orphan, abandoned and surrendered children through adoption in accordance with the provisions of the Juvenile Justice Act and Adoption Regulations.
  2. That the Co-Applicant is a registered Child Care Institution, which is having the care and custody of the child: (male/female; DOB: ……..) intends to give this child in adoption to the above named prospective adoptive parents through the applicant Specialized Adoption Agency as per the provision of Section 66 of the Juvenile Justice Act.
[Note: This paragraph would be mentioned in case the Adoption Application is being filed in a linkage case.]
  1. The child/children……… (male/female, DOB:…………) has/have been declared legally free for adoption by the Child Welfare Committee (Child Welfare Committee), ………… District (copy of order annexed), as per the provisions of section 38 of the Juvenile Justice Act and the said child is registered in the Child Adoption Resource Information and Guidance System with the Registration No…….., for the purpose of adoption as envisaged in section 56 (1) of the Juvenile Justice Act.
  2. That, the above named prospective adoptive parents are resident Indians, presently living at ……………………….. (complete address). The prospective adoptive parents are registered in the Child Adoption Resource Information and Guidance System with the Registration No. …………….. They have been found eligible and suitable to adopt the above named child/children as per the criteria mentioned in section 57 of the Juvenile Justice Act and regulation 5 of the Adoption Regulations, based upon their Home Study Report annexed. They have been found suitable by the Adoption Committee to adopt the above named child. A true copy of the decision of the Adoption Committee is also annexed.
  3. That the above named child/children has/have been referred to the said prospective adoptive parents online through Child Adoption Resource Information and Guidance System and has been accepted by the said prospective adoptive parents by signing the Child Study Report and Medical Examination Report on …….. The child/children has/have been given in pre-adoption foster care to the said prospective adoptive parents on …….., after obtaining a Pre-adoption Foster Care Affidavit (true copy annexed), as per the provisions of Section 58 (3) of Juvenile Justice Act and regulation 11 (1) of the Adoption Regulations.
  4. That the prospective adoptive parents have undertaken in the said Pre-adoption Foster Care Affidavit that they will allow the authorized social worker/functionary of the Specialized Adoption Agency/District Child Protection Unit/State Adoption Resource Agency to visit their home for undertaking post-adoption follow up to ascertain the progress and well-being of the child in the adoptive family [as envisaged under Section 58 (5) of Juvenile Justice Act].
  5. That the prospective adoptive parents have further undertaken to inform that any change in the place of their residence (other than as stated in this application), to the Applicant(s), State Adoption Resource Agency concerned and to this Court for the purpose of post adoption follow-up.
  6. That the prospective adoptive parents have also undertaken to up-bring the said child/children as their own and to accord the same status/rights/privileges to the child/children at par with the natural born child as provided in pre-adoption foster care affidavit annexed with the Application.
  7. That the Applicant/Co-applicant have decided to place the child/children in adoption as per decision of the Adoption Committee vide its meeting dated………………………….. (copy Annexed).
  8. That the conditions laid down in section 61 (1) of the Juvenile Justice Act have been complied with in this adoption case.
  9. That the giver (s) and taker (s) have no interest directly or indirectly adverse to that of the child/children.
  10. The applicant (s) are within the jurisdiction of this Hon’ble Court and hence this Hon’ble Court has jurisdiction to pass Adoption Order as per the provisions of section 2 (23), 58 (3) and 61 of the Juvenile Justice Act.
  11. That the Applicants understand that the adopted child shall become the lawful child of the applicants with all the rights, privileges and responsibilities that are attached to a biological child.
  12. That the Applicant(s) have not filed any other Application for the adoption of the said child in any other Court of Law.
  13. That the prescribed court fees have been paid and affixed on this Application.
  14. The Applicant(s), therefore, pray that :

(a) That the above named Prospective Adoption Parents may please be given the said child/children in adoption and be declared as the parents of the said minor for all purposes allowed by the law.

(b) The Birth Certificate Issuing Authority (name and place) may please be directed to issue Birth Certificate for the said child/children within five working days from the date of application, as per the provisions of regulation 36 of the Adoption Regulations.

Place: Applicant No. 1
Date: Applicant No. 2

 

Photograph of the child Photograph of the adoptive parent (s)

Verification

I/ We, (1) Mr/ Mrs. ………., aged about ______, Adoption In-charge/ Social Worker of Applicant No. 1 (and Mr/ Mrs. ………., aged about ______, Superintendent/ Manager/ Director of the Applicant No. 2), do hereby state on oath and solemnly affirm that the contents of this Application are true and correct to the best of my/ our knowledge and belief and the information and documents presented with this Application are genuine. In witness whereof we have signed the same at ………. on this…….. day of………

Applicant No.1

Applicant No. 2

Index

Sl. No. Documents to be annexed as provided in Schedule IX of the Adoption Regulations Reference Page No.

Schedule XXIX

[See regulation 12(2)]

Model Application in case of Orphan or Abandoned or Surrendered Child(ren) to court for Inter-Country Adoption

In the Court of Mr/ Ms. ____________, Ld. District Judge/ Addl. District Judge, District Court/ Principal Judge/ Judge, Family Court or Civil Judge/Addl. Civil Judge(Senior Division),as the case may be, at ____________________.

Misc. Civil Application (MCA) No. ______________________/ 2016

Child Adoption Resource Information and Guidance System Regd. Number of prospective adoptive parents:

Name of the Specialized Adoption Agency concerned:

Registered Office at:

Through its Adoption In-charge/ Social Worker (name and age)

Applicant

(Note: In case the child is from a Child Care Institution, the particulars of such Child Care Institution may be mentioned here as co-applicant)

And

  1. Mr. ___________________ S/o ____________________ Aged about _____ years, Citizen of ______________, Occupation: ________________ Permanent Residential Address: ____________________________________.
  2. Mrs. _________________ W/o ____________________ Aged about _____ years, Citizen of _______________, Occupation: ________________ Permanent Residential Address _____________________________________.

Prospective Adoptive Parents

Application in the matter of adoption of the child:……. (male/female, DOB:…….) under section 59(7) of the Juvenile Justice Act(2 of 2016) and regulations 12(2) and 17(1) of Adoption Regulations.

The Applicant most respectfully submits before this Hon’ble Court as under:

  1. That the Applicant is a recognized Specialized Adoption Agency under Section 65 of the Juvenile Justice (Care and Protection of Children), 2015(2 of 2016) (hereinafter referred to as “Juvenile Justice Act”) by the State Government of _____, for rehabilitating orphan, abandoned and surrendered children through adoption in accordance with the provisions of the Juvenile Justice Act and Adoption Regulations.
  2. That the Co-Applicant is a registered Child Care Institution, which is having the care and custody of the child: (male/female; DOB:……) intends to give this child in adoption to the above named Prospective Adoption Parents through the applicant Specialized Adoption Agency as per the provision of section 66 of the Juvenile Justice Act.
[Note: This paragraph would be mentioned in case the Adoption Application is being filed in a linkage case.]
  1. The child/children….. (male/female, DOB:……) has/have been declared legally free for adoption by the Child Welfare Committee, …………District (copy of order annexed), as per the provisions of section 38 of the Juvenile Justice Act and the said child is registered in the Child Adoption Resource Information and Guidance System with the Registration No…….., for the purpose of adoption as envisaged in section 56 (1) of the Juvenile Justice Act.
  2. That, the above named prospective adoptive parents (PAPs) are Non-Resident Indians (NRI)/Overseas Citizens of India (OCI)/Foreigner, presently living at ……………………….. (complete address).
  3. That the prospective adoptive parents have been found eligible and suitable to adopt by the Authorized Foreign Adoption Agency (AFFA)/Central Authority (CA) (name and address), based upon their Home Study Report annexed and as per the law of the country of their residence. The proposal of prospective adoptive parents to adopt a child from India has been recommended by the said Authorized Foreign Adoption Agency and has been approved by the Central Authority concerned.
  4. The prospective adoptive parents have been registered in the Child Adoption Resource Information and Guidance System with the Registration No ………………….. by said Authorized Foreign Adoption Agency/Central Authority. They have been found eligible by the Central Adoption Resource Authority (CARA) as per the criteria mentioned in section 57 of the Juvenile Justice Act and regulation 5 of the Adoption Regulations.
  5. That the above named child/children has been referred to the said prospective adoptive parents online in Child Adoption Resource Information and Guidance System through the Authorized Foreign Adoption Agency /CA concerned and has been accepted by the said prospective adoptive parents by signing the Child Study Report and Medical Examination Report on ……………………
  6. That Central Adoption Resource Authority has issued No Objection Certificate on ………………. in favour of the proposed adoption.
  7. That the prospective adoptive parent(s) have undertaken through the Authorized Foreign Adoption Agency/Central Authority concerned that they will allow the authorized social worker/functionary of the Authorized Foreign Adoption Agency/Central Authority/concerned Government department to visit their home for undertaking post-adoption follow up to ascertain the progress and well-being of the child in the adoptive family, as envisaged under section 59 (11) of the Juvenile Justice Act.
  8. That the prospective adoptive parents have also undertaken to up-bring the said child/children as their own and to accord the same status/rights/privileges to the child/children at par with the natural born child.
  9. That the Applicant/Co-applicant want(s) to give the above named child/children and the said prospective adoptive parents have given their consent to take the child/children in adoption.
  10. That the conditions laid down in section 61 (1) of the Juvenile Justice Act have been complied with in this adoption case.
  11. That the giver(s) and taker(s) have no interest directly or indirectly adverse to that of the child/children.
  12. The above named child is within the legal jurisdiction of this Hon’ble Court and hence this Hon’ble Court has jurisdiction to pass Adoption Order as per the provisions of sections 2 (23), 59 (7) and 61 of the Juvenile Justice Act.
  13. That Central Adoption resource Authority (CARA) has issued No Objection Certificate (NOC) for the proposed adoption as provided in regulation 16 of the Adoption Regulations.
  14. That the Applicants understand that the adopted child shall become the lawful child of the applicants with all the rights, privileges and responsibilities that are attached to a biological child.
  15. That the Applicant(s) have not filed any other Application for the adoption of the said child in any other Court of Law.
  16. That the prescribed court fees have been paid and affixed on this Application.
  17. The Applicant(s), therefore, pray that:

(a) The above named prospective adoption parents may please be declared as parents of the said child/children for all purposes allowed by the law and may be allowed to be taken to the country of their residence for upbringing the child/children as their own child.

(b) The Birth Certificate Issuing Authority (name and place) may please be directed to issue Birth Certificate for the said child/children within five working days from the date of application, as per the provisions of sub-regulation (5) of regulations 18 and regulation 36.

(c) The Regional Passport Office (RPO) concerned may be directed to issue Passport for the said child/children within ten days from the date of application, as per sub-regulation (4) of regulation 18 and regulation 38.

Place: Applicant No. 1
Date: Applicant No. 2

 

Photograph of the child Photograph of the adoptive parent (s)

Verification

I/ We, (1) Mr/ Mrs. ……….., aged about ______, Adoption In-charge/ Social Worker of Applicant No. 1 (and Mr/ Mrs. ……….., aged about ______, Superintendent/ Manager/ Director of the Applicant No. 2), do hereby state on oath and solemnly affirm that the contents of this Application are true and correct to the best of my/ our knowledge and belief and the information and documents presented with this Application are genuine. In witness whereof we have signed the same at ………. on this …….. day of ……….

Applicant No. 1 Applicant No. 2

Index

Sl. No. Documents to be annexed as provided in Schedule IX of the Adoption Regulations Reference Page No.

Schedule XXX

[See regulation 51 (5)]

Model Application to Court for In-Country Relative Adoption

In the Court of ____________ Ld. District and Sessions Judge/ Addl. District and Sessions Judge, District Court/Principal District Judge, Family Court or Civil Judge/Addl. Civil Judge(Senior Division), as the case may be, at _________________________________.

Misc. Civil Application (MCA) No.____________________/ Year.

Child Adoption Resource Information and Guidance System Regd. Number of prospective adoptive parents:

  1. Mr. __________________ S/o ________________ Aged about _____ years, Citizen of ______________________, Occupation: ____________ Permanent Residential address: _______________ P.S._________, Dist. _______ State ______________;
  2. Mrs. __________________ W/o ________________ Aged about _____ years, Citizen of _________, Occupation: _________________ Permanent Residential Address: _______________ P.S. _________, Dist._______ State ______________.

Applicants

Prospective Adoptive Parent(s)

And

  1. Mr. ____________________ S/o _____________________ Aged about _____ years, Citizen of _______________, Occupation: ____________ Permanent Residential address: ____________________________________;
  2. Mrs. _____________________ W/o _________________ Aged about _____ years, Citizen of _________________, Occupation: _________________ Permanent Residential Address: ____________________.

Natural/ biological Parents

Application in the matter of adoption of the child:……. (male/female, DoB:……….) under section 56 (2) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016) read with regulation 51 and 55 of the Adoption Regulations.

The Applicants most respectfully submit before this Hon’ble Court as under:-

  1. That the Applicants are prospective adoptive parents and relative to natural /biological parents of the child ___________________ (male/female) under section 2 (52) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016) (hereinafter referred to as “Juvenile Justice Act”).
  2. That the Applicants are paternal uncle or aunt, or a maternal uncle or aunt, or paternal grandparent or maternal grandparents of the child ___________________________.
  3. That the Applicants are resident of _________________________________.
  4. That the child ________________________ was born to the natural parents on ________________________ and they are resident of __________________________________________________________________.
  5. That the natural parents are desirous of placing the child in adoption for the reason_______________________.
  6. That prospective adoptive parents are desirous of adopting the child for the reason __________________.
  7. That the Applicants and the natural parents have given consent to the proposed adoption which is annexed with the Application. (In case the natural parents are not alive, document related to permission for adoption from the Child Welfare Committee would be annexed as provided in the Adoption Regulations.
  8. That the child proposed to be adopted is a minor (below five years) who is not able to express his/her views.

Or

That the child proposed to be adopted has also given his /her consent for the said adoption and is willing to accept the Applicants as parents.

  1. That the adoption of the child by the applicants from the natural parents would be in the paramount welfare of the child and the applicant(s) would treat the child as their own with all rights and responsibilities.
  2. That neither the applicants have given or agreed to give, nor have the natural parents or guardians of the child received or agreed to receive any payment or reward in consideration of the adoption.
  3. That the conditions laid down in section 61 (1) of the Juvenile Justice Act have been complied with in the case of proposed adoption.
  4. That the giver(s) and taker(s) have no interest directly or indirectly adverse to that of the child/children.
  5. The child ordinarily resides within the jurisdiction of this Hon’ble Court and hence this Hon’ble Court has jurisdiction to pass Adoption Order as per the provisions of section 61 of the Juvenile Justice Act.
  6. That the Applicant(s) have not filed any other Application for the adoption of the said child in any other Court of Law.
  7. That the Applicants understand that the adopted child shall become the lawful child of the applicants with all the rights, privileges and responsibilities that are attached to a biological child.
  8. That the prescribed court fees have been paid and affixed on this Application.
  9. The Applicant(s), therefore, pray that:

(a) That the above named child may please be given in adoption to them and be declared as the parents of the said minor for all purposes allowed by the law.

(b) The Birth Certificate Issuing Authority (name and place) may please be directed to issue Birth Certificate for the said child/children within five working days from the date of application, as provided in regulation 36 of the Adoption Regulations.

Place: Applicants
Date:

 

Photograph of the biological parent(s) Photograph of the child Photograph of the adoptive parent(s)

Verification

I/ We, Mr/ Mrs. ………………………………………., aged about _____________, (Applicant(s)) and I/we, Mr/Mrs……………………………………….., aged about _____________ (Natural parents/guardian), do hereby state on oath and solemnly affirm that the contents of this Application are true and correct to the best of my/our knowledge and belief and the information and documents presented with this Application are genuine. In witness whereof we have signed the same at ………. on this…….. day of……… .

Applicants

Natural parents/ guardians

Index

Sl.No. Documents to be annexed as provided in Schedule VI of the Adoption Regulations Reference Page No.

Schedule XXXI

[See regulation 55(3)]

Model Application to Court for Inter-Country Relative Adoption

In the Court of ____________ Ld. District and Sessions Judge/Addl. District and Sessions Judge, District Court/Principal District Judge, Family Court or Civil Judge/Addl. Civil Judge (Senior Division), as the case may be, at ______________________________.

Misc. Civil Application (MCA) No. ___________________/Year.

Child Adoption Resource Information and Guidance System Regd. Number of prospective adoptive parents:

  1. Mr. ___________________S/o _______________ Aged about _____ years, Citizen of ________, Occupation: ____________ Permanent Residential address: _______________ P.S. _________, Dist. _______ State_______;
  2. Mrs. _____________________ W/o _____________ Aged about _____ years, Citizen of _________, Occupation: _____________ Permanent Residential Address: _______________ P.S. _________, Dist. _______ State_______

Applicant(s)

Prospective Adoptive Parent(s)

And

  1. Mr. _____________ S/o ___________________ Aged about _____ years, Citizen of ________, Occupation: ____________ Permanent Residential address: ______________________________;
  2. Mrs. ___________________ W/o _______________ Aged about _____ years, Citizen of _________, Occupation: _____________ Permanent Residential Address: _______________________________.

Natural/ biological Parents

Application in the matter of adoption of the child:……. (male/female, DoB:……….) under section 60 (1) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016) read with regulations 53, 54 and 55 of the Adoption Regulations.

The Applicants most respectfully submit before this Hon’ble Court as under:-

  1. That the Applicants are prospective adoptive parents and relative to natural /biological parents of the child ________________ (male/female) under section 2(52) of the Juvenile Justice (Care and Protection of Children Act, 2015 (2 of 2016) (hereinafter referred to as “Juvenile Justice Act”).
  2. That the Applicants are paternal uncle or aunt, or a maternal uncle or aunt, or paternal grandparent or maternal grandparents of the child _________________________________.
  3. That the Applicants are resident of _________________________________.
  4. That the child ______________________ was born to the natural parents on _______________ and they are resident of _________________________.
  5. That the natural parents are desirous of placing the child in adoption for the reason ___________________.
  6. That prospective adoptive parents are desirous of adopting the child for the reason ____________________.
  7. That the Applicants and the natural parents have given consent to the proposed adoption which is annexed with the Application.(In case the natural parents are not alive, document related to permission for adoption from the Child Welfare Committee would be annexed as provided in the Adoption Regulations.
  8. That the child proposed to be adopted is a minor (below five years) who is not able to express his/her views.

Or

That the child proposed to be adopted has also given his /her consent for the said adoption and is willing to accept the Applicants as parents.

  1. That the adoption of the child by the Applicants from the natural parents would be in the paramount welfare of the child and the Applicant(s) would treat the child as their own with all rights and responsibilities.
  2. That neither the Applicants have given or agreed to given, nor have the natural parents or guardians of the child received or agreed to receive any payment or reward in consideration of the adoption.
  3. That the Applicants have been found eligible and suitable to adopt the relative’s child as provided in section 2 (52) of the Juvenile Justice (Care and Protection of Children Act, 2015 (2 of 2016).
  4. That the family background report of the child has been conducted by the District Child Protection Unit (DCPU) where the child ordinarily resides with the natural family and the District Child Protection Unit has furnished its report as per regulation 54 (2) and (3) of the Adoption Regulations which is annexed hereto this application.
  5. That the receiving country of the child where the Applicants ordinarily reside have issued necessary certificate or permission in accordance with Article 5/17 of the Hague inter-country Adoption for the adoption to proceed as per sub-regulation 5 of the regulation 54 which is annexed here to this application.
  6. That the conditions laid down in section 61 (1) of the Juvenile Justice Act (2 of 2016) have been complied with in the case of proposed adoption.
  7. That the giver(s) and taker(s) have no interest directly or indirectly adverse to that of the child/children.
  8. The child ordinarily resides within the jurisdiction of this Hon’ble Court and hence this Hon’ble Court has jurisdiction to pass Adoption Order as per the provisions of section 61 of the Juvenile Justice Act (2 of 2016).
  9. That the Applicant(s) have not filed any other Application for the adoption of the said child in any other Court of Law.
  10. That the Applicants understand that the adopted child shall become the lawful child of the applicants with all the rights, privileges and responsibilities that are attached to a biological child.
  11. That the prescribed court fees have been paid and affixed on this Application.
  12. The Applicant (s), therefore, pray that:

(a) The above named prospective adoptive parents may be declared as the parents of the said minor for all purposes allowed by the law.

(b) The Birth Certificate Issuing Authority (name and place) may please be directed to issue Birth Certificate for the said child/children within five working days from the date of application, as per the provisions of regulation 36 of Adoption Regulations.

(c) The Regional Passport Office (RPO) concerned may be directed to issue Passport for the said child/children within ten days from the date of application, as per the provisions of sub regulation 4 of regulations 18 and regulations 38 of Adoption Regulations.

Place: Applicants
Date:

 

Photograph of the biological parent(s) Photograph of the child Photograph of the adoptive parent(s)

Verification

I/We, Mr/Mrs………………………………….., aged about ______, and I/We, Mr/Mrs………………………………….., aged about ______, prospective adoptive parents (Applicant(s)) do hereby state on oath and solemnly affirm that the contents of this Application are true and correct to the best of my/our knowledge and belief and the information and documents presented with this Application are genuine. In witness whereof we have signed the same at ………. on this…….. day of……… .

Applicants

Prospective Adoptive Parents

Index

Sl.No. Documents to be annexed as provided in Schedule VI of the Adoption Regulations Reference Page No.

Schedule XXXII

[See regulation 52(4), 55(2)]

Model Application to court for Adoption of Child/ Children by Step & Biological Parent

In the Court of ____________ Ld. District and Sessions Judge/Addl. District and Sessions Judge, District Court/Principal District Judge, Family Court or Civil Judge/Addl. Civil Judge (Senior Division), at _______ (strikeout whichever is not applicable).

Misc. Civil Application (MCA) No.____________________/Year.

Child Adoption Resource Information and Guidance System Regd. Number of prospective adoptive parents:

  1. Mr. __________________ S/o _____________ Aged about _____ years, Citizen of ___________, Occupation: _______________ Permanent Residential Address: _______________ P.S. _________, Dist._______ State______________.

Applicant

Biological Father/Father Adopting the Child(ren)

And

  1. Mrs. _________________ W/o ______________ Aged about _____ years, Citizen of _________, Occupation: _________________ Permanent Residential Address ____________________.

Applicant

Biological Mother/Mother Adopting the Child(ren)

Application in the matter of adoption of the child:……. (male/female, DOB:……….) under section 56 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016) (hereinafter referred to as “Juvenile Justice Act”) read with regulations 52 (4) and 55 (2) of the Adoption Regulations.

The Applicants most respectfully submit before this Hon’ble Court as under:-

  1. That the Applicants are biological parent and step-parent (legally wedded spouse of the biological parent) of the child/ children with details as given in Schedule XX.
  2. That the Applicants are resident of _________________________________.
  3. That the child/children ________________________ with sex ___________ (Male/Female) and Date of Birth(s) _______________ was/were born to the natural parents (biological parent) _______________________ and ___________________________ on ___________________________ and they are resident of _____________________________________________________.
  4. That the biological parent (applicant) is desirous of sharing the legal relationship of the child/children with the spouse adopting the child/children(applicant), being legally married him/her and he/she is wanting to adopt the child(ren).
  5. That the consent of the other biological parent has been obtained /the other biological parent is deceased. (Strike out whatever is not applicable)
  6. That the biological parent and step-parent adopting the child/children (applicants) understand that the adoption of the child/children will create a permanent parent-child relationship with them.
  7. That the consent(s) as required for adoption in Schedule XX of the Adoption Regulations are annexed with the Application.
  8. That the child(ren) proposed to be adopted is a/are minor(s) (below five years) who is/are not able to express his/her/their views.
  9. That the conditions laid down in Section 61 (1) of the Juvenile Justice Act (2 of 2016) have been complied with in the case of proposed adoption.
  10. That the child ordinarily resides within the jurisdiction of this Hon’ble Court and hence this Hon’ble Court has jurisdiction to pass Adoption Order as per the provisions of sub-section 2 of section 56 read with subsection (1) of section 112 of the Juvenile Justice Act (2 of 2016).
  11. That there is no litigation for custody of the said child/children in any Court of Law within the country or overseas.
  12. That the Applicants have not filed any other Application for the adoption of the said child/children in any other Court of Law within the country or overseas.
  13. That the Applicants understand that the adopted child/children shall become the lawful child/children of the applicants with all the rights, privileges and responsibilities that are attached to a biological child/children.
  14. That the prescribed court fees have been paid and affixed on this Application.
  15. The Applicant(s), therefore, pray that:

(a) That the legal relationship of father/mother of above named child/children may please be transferred to the step-parent adopting the child/children (applicant) along with the biological mother/father (applicant) and they be declared as the parents of the said minor for all purposes allowed by the law.

(b) The Birth Certificate Issuing Authority (name and place) may please be directed to issue/modify the Birth Certificate for the said child/children within five working days from the date of application, as provided in regulation 36 of Adoption Regulations.

Place: Applicants
Date:

 

Photograph of the biological parent(s) Photograph of the child Photograph of the adoptive parent(s)

Verification

I, Mr. ………………………….. (Biological Father/ Step-Father Adopting the child(ren)), aged about ___________; and I, Mrs. ………………………………………. (Biological Mother/ Step-Mother Adopting the Child(ren)), aged about _________, the applicants, do hereby state on oath and solemnly affirm that the contents of this Application are true and correct to the best of my/ our knowledge and belief and the information and documents presented with this Application are genuine. In witness whereof we have signed the same at …………… on this …………….. day of ………………

Applicants

(Biological Parent and Step-Parent Adopting the Child/Children)

Index

Sl.No. Documents to be annexed as provided in Schedule VI of the Adoption Regulations Reference Page No.

 

Facebook Comments

Latest laws

Join our mailing list to receive the Latest Laws News and updates from our team.