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The
criteria for enlistment/authorization of foreign
agencies by CARA for the purpose of inter-country
adoption are as under:-
i. It will be an Agency duly
registered under the relevant law of the concerned
country and should be recognized/ licensed by the
appropriate authority of that country to undertake
inter-country adoption.
ii. It must have been duly accredited and
authorized by the Competent Authority under the Hague
Convention on Inter-country Adoptions, 1993 (wherever
applicable).
iii. It will submit the Memorandum, Mission
statement, copies of Registration status, latest license
issued by the concerned Government authority to
undertake domestic and International Adoptions, list of
Board/Executive Members and list of countries it is
working with.
iv. It shall be a child welfare agency with
an established standing in this field and it must be
staffed with qualified social workers who have
experience in the field of adoption. It shall submit the
activities of the organization, Annual Reports for the
last 3 years, list of staff with qualification and
accounts for the last two years.
v.The agency shall run on a non-commercial
and non-profit basis and shall provide an annual
statement on payment made to the Indian agencies.
vi.An undertaking by the enlisted foreign
adoption agency that in case of disruption of the
foreigner's family before adoption is effected or in
case the child is not properly looked after or is
mistreated or abused in the adoptive family, it will
undertake responsibility for the care of the child under
intimation to the Indian Diplomatic Mission, the Central
Adoption Resource Authority, the concerned Recognised
Indian Placement Agency immediately with full details
and action taken for care and protection of the child.
This shall include finding a suitable alternative
placement for the child with the concurrence of the
Recognised Indian Placement Agency, which processed the
case and report such alternative placement to the Indian
Court, which made the order for Guardianship. In such a
case wherein the child is being repatriated to India
either to his/her biological family, or to the
Recognised Indian Placement Agency or to any other
organisation, CARA should be consulted. All Social and
Medical Reports should be furnished. The legal status of
the child, his/her rights of citizens in the foreign
country and the adoptive parents legal liabilities
should be stated. A care plan for the child will be
worked out and the State Government or any other
organisation authorized by CARA will monitor the well
being of the child. All cost including repatriation and
after care will be met by the Enlisted Foreign Adoption
Agency.
vii.The Head/Chief Executive of the Organisation should be willing to sign a written
undertaking to follow the Guidelines, to send progress
reports as required, to send a copy of the adoption
decree.
viii.Concerned Departments of the Foreign
Govt./Central Authorities which agree to give the
aforementioned undertaking will be treated as enlisted
Agencies for the purpose of sponsoring the applications
of foreign nationals. Central Authorities need not to
apply for enlistment with CARA.
6.3
Procedure for Enlistment
i.A foreign social/child welfare
agency desirous of sponsoring applications of foreign
adoptive parents for adopting Indian children shall
apply for enlistment to CARA, through the office of
India's Diplomatic Mission and the Government of the
country where it is located.
ii.On the recommendation of India's
Diplomatic Mission in the country concerned, CARA shall
examine the application for enlistment and consider the
agency concerned for enlistment provided it fulfils the
criteria stated in paragraph 6.2 above
iii.A foreign adoption agency may be
enlisted for a period of 5 years.
6.4
Renewal of Enlistment
i.The enlistment would be renewable
for 5 years subject to satisfactory performance and
fulfillment of terms and conditions attached to its
enlistment.
ii.Every EFAA should apply for renewal of
enlistment to CARA through the concerned Indian
Diplomatic Mission, 6 months prior to the date of expiry
of the previous recognition.
6.5
De-enlistment
The
Central Adoption Resource Authority, Ministry of Social
Justice & Empowerment, Government of India, may at any
time de-enlist any Enlisted Foreign Adoption Agency for
adoption for valid or legitimate reasons to be recorded
in writing. However, if at the time of de-enlistment,
there is any case under process that would be allowed to
be completed unless CARA decides it will not be in the
best interests of the child to do so. Non-submission of
regular progress reports can lead to de-enlistment.
6.6
Follow-up Report
a.The EFAA/Central Authority with reference to every
child, shall send, follow-up reports with photographs of
the child on a six monthly basis for a period of 2 years
or until such time as the legal adoption is completed
and citizenship is acquired in the receiving country, to
i) CARA
ii) Court that awarded the guardianship in India
iii) Indian Embassy
iv) Concerned RIPA
b.The EFAA/central authority will forward a copy of the
legal adoption order of the appropriate Authority in
that country as soon as it is made, to:
1. CARA
2. The Court that awarded the guardianship in India
c.Where the child is not legally adopted by the adoptive
parents in the receiving State within two years from the
date of order of the Court in India appointing the
adoptive parents as guardians either on account of
disruption in the family or on account of the adoptive
parents failing to get adjusted to the behaviour of the
child or otherwise, the foreign EFAA which has processed
the adoption of the child in the receiving State should
immediately withdraw the child from the adoptive parents
and keep the child in its custody and care and find out
new adoptive parents for placement of the child in
adoption as soon as possible. The foreign agency shall
give an undertaking to this effect to the Court
processing the case in India.
6.7
EFAA or Central Authority in the receiving country may
arrange get-together of children of Indian origin and
their adoptive families from time to time and may also
involve concerned Indian Diplomatic Missions.
of
rehabilitation and social integration for children, who
cannot be cared for by his biological parents with a
permanent substitute family.
All
the adoption cases under JJ Act are disposed under
‘court’ which implies a civil court, which has
jurisdiction in matters of adoption and guardianship and
may include the court of the district judge, family
courts and city civil court. The court may allow a
child to be given in adoption –
a.to a person irrespective of marital status, or
b.to parents to adopt a child of same sex
irrespective of the number of living biological sons
or daughters, or
c.to childless couples
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