• Adoptions

Hi,
We are looking to adopt a child. We are born Indians but with US passports and residing in India. Looking to adopt privately without CARA.
Asked 1 year ago in Family Law from Bangalore, Karnataka
Religion: Hindu

The adoption without Cara is not possible you have to approach Kara for this purpose and hello the procedure and complete the requirement for adoption

Vimlesh Prasad Mishra
Advocate, Lucknow
5792 Answers
19 Consultations

4.9 on 5.0

Hii

greetings of the day.

Good to know that you wanna a give a family to orphan.

It is better to go for adoption through CARA.

And other you can visit to any of the orphans directly and go through the adoption procedure after selecting a child.

Their are private lawyers who also do mainly a adoption work you can approach to them for paper work and court procedure if you have already selected a child for adoption.

All the best God bless you guys for such good work.

Rita Rajput
Advocate, Thane
154 Answers
1 Consultation

Not rated

That would be highly unadvised as it is mandatory to have all adoptions in the country channelled through CARA either directly or indirectly .

The procedure is simple, only the waiting time is high.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

5.0 on 5.0

You have to file an online application with your all contact details after that you shall get a call from CWC and after verification they shall pass your application and and they will give permission to choose one baby from any of the government recognised home after the completion of all the process you have to file an Adoption Case before the LD. District Judge's court, under which district the home is physically situated.

Sudip Kumar Paul
Advocate, Siliguri
6 Answers

Not rated

Any Indian, NRI or foreign citizen can adopt a child, though the procedure for all three is different.

Any male or female irrespective of their marital status is eligible to adopt.

A single female can adopt a child of any gender but a single male cannot adopt a girl child.

If a couple is adopting, they should have two years of stable marriage and consent of both the spouses is necessary.

Age difference should not be less than 25years between the adoptive parents and the adoptive child.

Conditions to be fulfilled

The prospective parents should be emotionally, mentally and physically stable.

They should be financially capable to raise a child.

They should not have more than four kids.

They should not be suffering from a life threatening disease.

Stating that “private adoption” is illegal in the country, the Maharashtra State Commission for Protection of Child Rights (MSCPCR) has ordered action against the parties involved in a case of adoption that took place without the involvement of an authorised agency.

The MSCPCR was hearing the case of a minor girl whose unwed mother had handed her over to her adoptive parents without following due legal procedure. The girl has now been kept in a children’s home by the order of the child welfare committee.

“Initiate proceedings of prosecution against the persons concerned under provision of the Indian Penal Code (IPC) and for violation of the Central Adoption Resource Authority (CARA) guidelines,” says the order passed last week. CARA is an autonomous body under the Ministry of Women & Child Development, Government of India, and is mandated to monitor and regulate in-country and inter-country adoptions.

In the adoption deed, which was drawn up in Sindhudurg, the natural mother has declared that her four-year-old daughter has been transferred to the adoptive family.

“Adoption as defined under the law is creation of a parent-child relationship by judicial order between two parties who usually are unrelated. This relationship is brought about only after a determination that the child is an orphan or has been abandoned or that the parental rights have been terminated by the court’s order.

The Hindu Adoption and Guardianship Act is clear. Adoption should be acted only after following the due procedure of law. The power to issue an order for adoption is with the sessions court. CARA guidelines are also clear in this regard,” says the order.

In the present case, adds the order, the child was handed over to the adoptive parents by her natural mother and not by the hospital authorities. Subsequently, the district women and child development officer had sought guidance from the commission in the matter. The commission issued notices to the adoptive parents and members of the child welfare committee.

“In this case, without the judicial order, an agreement was reached upon between the adoptive parents and the natural mother. This is illegal and, therefore, attracts provision of the penal code,” observed the commission.

Mohammed Mujeeb
Advocate, Hyderabad
12143 Answers
4 Consultations

4.5 on 5.0

This is my response to you:

1. In the case of Laxmi Kant Pandey v. Union of India, the Apex Court formed some guidelines which were to govern international adoption. Setting up of a Central Regulatory Body was suggested and in pursuance of the suggestion, Central Adoption Resource Agency (CARA) was set up in 1989. The agency plays a pivotal role in laying down both substantive law and procedural law on intra-country and inter-country adoption;

2. Therefore you will need to adopt under CARA since you hold US Passports;

3. You can either approach to get registered for adoption with an Adoption Coordinating Agency (ACA) situated at the capital city of every state;

4. Prospective parents must register at a licensed adoption placement agency with the entire required document;

5. Then the worker from the agency will approach the parents for a home study;

6. After finding out a suitable child, the agency will call the prospective parents to meet the child;

7. If the parents approve, the agency may hand over the child once a foster care agreement is signed;

8. Meanwhile, the agency’s lawyer files a petition for adoption on behalf of the couple, either before the court or Juvenile Justice Board, depending on the law under which the adoption will take place;

9. The agency representative and the parents can register the adoption deed as a proof of completion of adoption.

Gowaal Padavi
Advocate, Mumbai
1857 Answers
2 Consultations

5.0 on 5.0

you are US citizens . for adoption you have to go through CARA only

you cannot go in for private adoption

Ajay Sethi
Advocate, Mumbai
69587 Answers
4181 Consultations

5.0 on 5.0

For international adoption after CARA it is compulsory to go through CARA guidelines only as you hold US passport in law no private adoption without CARA is not permitted .

Shubham Jhajharia
Advocate, Ahmedabad
21309 Answers
83 Consultations

5.0 on 5.0

This can't be without involvement of CARA.

Direct/Private adoption is no more legal in India.

Legal adoption can only be done through Specialised Adoption agencies (SAAs) that are recognised by State Governments.

Vibhanshu Srivastava
Advocate, New Delhi
8734 Answers
148 Consultations

5.0 on 5.0

Under The Hindu Adoption and Maintenance Act, 1956 the party willing for adoption can make application to Child Welfare Agency. Registration can be done either an Adoption Coordinating Agency (ACA) found in each state’s capital city, or an agency certified by the Central Adoption Resource Authority (CARA) in New Delhi.

After this, the agency conducts a preliminary interview with the adopting couple in order to understand their intention and motivation behind adoption.

Once the party decides which child are they going to adopt they file the petition at the court of apt jurisdiction, where court hearing takes place regarding adoption (the court is required to dispose the adoption case within 2 months).

Once the Court issues the decree, the adoption is finalized.

This is only legal method of adoption as per the prevalent laws of the country and all other methods are invalid and illegal methods.

Siddharth Jain
Advocate, New Delhi
5004 Answers
56 Consultations

5.0 on 5.0

Dear Sir/Madam

The following are the guidelines even for adoption from relatives

Adoption by Step-Parent was not possible in India until now. In its most recent guidelines, CARA has now permitted the same. Please go through the 2017 Adoptions Regulations w.e.f. Jan 16, 2017 - allowing step parents to legally adopt the child from of their partner (from a previous marriage)

Adoptions Regulations 2017 – Ready Reckoner

MINISTRY OF WOMEN AND CHILD DEVELOPMENT has notified the Adoption Regulations 2017 as framed by the Central Adoption Resource Authority. These guidelines come into force w.e.f. Jan 16, 2017.

The 2017 regulations are path breaking in terms of addressing the need for in-family adoptions, post adoption support, child centric provisions, category for immediate placements, flexibilities by way of relaxation committee, extended validity of home study report, equitable referral of children, time limit on courts for disposing adoption deeds, consolidation of seniority list, facilitating root search even by children below 18 years of age to name a few.

The salient features of these guidelines are:

• A Fundamental Principle relating to all adoptions to be registered on Child Adoption Resource Information and Guidance System (CARINGS) has been included to ensure that all adoptions, including In-Family and Relative adoptions are registered with CARA.

• The scope of children available for adoption has been expanded to include a child of a relative and step-children

• The age criteria for prospective adoptive parents has been relaxed for relative / in-family adoptions and adoption by step-parent.

• The limit on eligibility for adoption has been reduced from 4 children to 3 children. Therefore, couples with three or more children shall not be considered for adoption except in case of special need children, hard to place children as mentioned in regulations and for relative adoption and adoption by step-parent.

• Home Study Report emphasizes the preparedness of the parents and their ability to support a child in adoption – beyond their immediate need

• DCPU has been allowed time limit of 3 working days to place advertisement / notification for tracing the parents/guardians in case of child received in adoption – earlier the same was 72 hours.

• Parents can indicate their preference for the State from which they wish to adopt, at the time of registration, itself – which will determine their waitlist in that State, for their chosen preference for the gender and age combination of the child they wish to adopt. Parents can also indicate “All India” if they do not have any specific preference. The parents will be automatically registered for all the Specialized Adoption Agencies of the State or States they have opted for.

• The validity of the home study report has been extended to 3 years from 2 years.

• The number of children to be referred to parents based on their seniority has been reduced to three (from up to six, previously) – in one or more referrals.

• New terms related to Disruption, Dissolution and Habitual Residence have been included to address Post Adoption responses

• The validity of registration of parents has been extended from current period of two years to being valid until adoption is complete, with revalidation of the Home Study Report in every three years.

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

• 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

• 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.

• Special provisions has been provided for to address post adoption scenarios relating to disruption or dissolution of adoption, safeguarding the interests of the child.

• The parents shall be referred children on the basis of a single seniority list as against separate seniority list provided for in erstwhile regulations for resident of overseas parents.

• Parents shall be allowed to change the State preference once within sixty days from the date of registration without losing their seniority

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

• Parents registered for normal child, shall be able to adopt a special need child or children in Immediate Placement category with the same seniority

• Provision has been made for adoptees above eighteen years to apply for root search independently online while children below eighteen years can apply jointly with their adoptive parents to the Authority seeking facilitation of root search.

• The regulations provide for additional efforts for adoption of children, who are not getting any referral for long time

• Provisions have been made for adoption by relatives and step-children within new guidelines

• A Relaxation Committee has been provided for to facilitate decision making in extra ordinary circumstances of adoption, bearing the best interests of the child.

Kishan Dutt Kalaskar
Advocate, Bangalore
4750 Answers
141 Consultations

5.0 on 5.0

No it is not possible in india that without following the rules and regulations of CARA you can not adopt a child ... You may punished for such finding...

Prakash Mani Jha
Advocate, Madhubani
12 Answers

Not rated

Yes, there are possibilities to adopt under Hindu Adoption and maintenance act if you both are Hindus by religion.

You choose the adoptive child and go ahead with the registration of the adoption deed as per law in vogue.

T Kalaiselvan
Advocate, Vellore
59440 Answers
756 Consultations

5.0 on 5.0

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