• NRI inter-country adoption case submitted to CARA

Hi there,
I adopted a child of 11 year, now 16 year old from my relatives like Distant relatives.

As we are Indian overseas citizens. We have to apply for inter-country adoption.
We have all these documents in hand like I have registered a deed in district registrar office, passport of child on our name and judgement of district court. 

Q1. In what kind of adoptions do we fall? 
Q2. Adoption deed is done at the registrar office, but in the judgement of the court nothing mentioned about our relative relationship with natural parents.
Q3. I have registered a deed, passport of child on my name and judgement of court.
Are these documents valid?
Q4. Is any permission to be taken from CARA to validate these documents?
Q5. What are the other necessary documents to be needed to apply in CARA ?

Thanks
Asked 4 years ago in Family Law
Religion: Sikh

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9 Answers

 

 

1) if you are the child's paternal uncle or aunt, a maternal uncle or aunt, or a paternal grandparent or maternal grandparent then you may adopt as per Sections 51 and 53 of the Adoption Regulations 2017

 

2

55. 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.

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

Relative, under Juvenile Justice Act, means a paternal uncle or aunt, or maternal uncle or aunt, or paternal grandparents or maternal grandparents. Adoption from Indian relative described  und the JJ Act by oci is not inter-country, it is in-country adoption under Regulation 51 of Adoption Regulation, 2017. Adoption of any other child has to be done by first registering under CARA and then seeking approval of adoption from district Court by submitting application under Schedule XXXI of the Regulations. Before that there will be family background check by District Child Protection Unit. There are two procedures for adoption…

  1. Under HAMA,
  2. Under JJ Act read with Adoption Regulations.

It is not clear under what procedure adoption took place. You claim to have adopted a child and again say you have to apply for inter-country adoption. There is specific  procedure for inter-country relative adoption laid down by Ministry of Women and Child Development, Government of India  by Notification dated 17th September 2021.

Ravi Shinde
Advocate, Hyderabad
5132 Answers
42 Consultations

1. Inter country adoption

4. Yes

5 above documents are enough

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

1. Since, you have adopted the child of a relative (a relative means the child's paternal uncle or aunt, a maternal uncle or aunt or paternal and maternal grandparents) , then it will come under the Section 38 and 56 of the JJ (C&PC) Act, 2015 and Regulation 4 of Adoption Regulations.

2. The court order is based upon the Adoption deed

3. Yes

4. No, required after after the CARA

5. The following documents required 

  1. Prospective adoptive parent’s Proof of residence
  2. Consent for the adoption of the older child of the prospective adoptive parents.
  3. Consent of the biological parents (as per schedule Schedule XIX of the Adoption Regulations 2017)
  4. Only if applicable, Permission from the Child Welfare Committee to the legal guardian to surrender the child in adoption with the relative as provided in Schedule XXII. 
  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 the court.  

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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 Authorised 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

As you have already got the adoption registered and also got the adoption declared by a court of law, you may proceed further on the basis of the substantial documents held in your possession.

If necessary you may get the documents apostle through the ministry of external affairs.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

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 Specialised Adoption Agency in the format at Schedule VIII.
  3. The prospective adoptive parents shall receive final custody of the child from the Specialised Adoption Agency as soon as the passport and visa are issued to the child after issue of adoption order from the competent court.

You may contact the CARA for further details on this.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

You need to follow the complete process of registration with Cara there is no easy way

 

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

1) if you are the child's paternal uncle or aunt, a maternal uncle or aunt, or a paternal grandparent or maternal grandparent then you may adopt as per Sections 51 and 53 of the Adoption Regulations 2017

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

A new Chapter VI-A is added by amendment in 2021 prescribing procedure  for children adopted under the Hindu Adoption and Maintenance Act by parents who desire to relocate child abroad. Under amended provisions CARA is bound to register application for inter-country adoptions concluded under hama.

Ravi Shinde
Advocate, Hyderabad
5132 Answers
42 Consultations

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