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abandoned, destitute, neglected or relinquished children
shall immediately be listed by the concerned State
Government and such list shall be forwarded to CARA.
5.3
Criteria for Recognition of Indian Placement Agency
(RIPA)
No
agency will engage in placement of inter-country
adoption unless it is licensed by the State Government
and recognised by CARA. Any Indian agency desirous of
undertaking inter-country adoption work shall apply for
recognition to the Central Adoption Resource Authority,
through the State Government concerned and only such
agencies are recognised by the Central Adoption Resource
Authority, shall be entitled to undertake processing of
inter-country adoption work. Such agencies shall be
termed "Recognized Indian Placement Agencies". The
General criteria for granting recognition should be as
follows:
a.It
is a society registered under the Societies Registration
Act, 1860 or a Trust created under the Charitable Trusts
Act, or an organisation registered under an appropriate
law which has worked for the welfare of Women and
Children during the preceding five years;
b.Only
such voluntary agencies primarily engaged in child
welfare programmes which undertake adoption as a part of
their total activities may apply for recognition for
inter-country adoption to the Central Adoption Resource
Authority.
c.The
organisation should be duly licensed/recognised by the
State Government under the Orphanages and Other
Charitable Homes (Supervision and Control) Act, 1960
and/or Juvenile Justice (Care & Protection of Children)
Act, 2000 and/or any alternate rules or order to
maintain certain minimum standards for child care in
child welfare institutions. The organisation should have
been functioning for a period of three years in the
field of in-country adoption at the time of applying for
Inter-country recognition. This will be relaxable, for
organisations working in the North East region and J &
K, in meritorious cases.
d.The
organization should also have a certificate of
recognition from concerned State Govt. for doing in
country adoption in accordance with section 41(4) of the
JJ Act 2000 and corresponding states JJ Rules.
e.Where
the adoption programme is part of a larger organisation
there should be a sub-committee to run the adoption
programme and closely monitor the same. This Committee
shall have at least some professional members with
experience in the field of Child Development/Social
Welfare/Law.
f.It
should have appropriate residential institution/Home for
the protection and care of children including infants.
g.
It should run on a non-commercial and non-profit
basis.
h.The
Chief Executive of the organisation should be willing to
sign a written undertaking to follow the Guidelines laid
down by the Supreme Court of India, those prescribed by
the Government of India and the conditions imposed, if
any, by CARA at the time of Recognition and Renewal.
i.Recognition
of the agency should be recommended by the State
Government concerned.
j.It
should have required professional staff to run the
adoption agency.
Recognition to an Indian agency shall be granted
normally for a period of 3 years, subject to the
conditions laid down in these Guidelines. The decision
of CARA shall be final in this regard.
5.4
List of Prospective Adoptive Parents
Every
Recognized/Licensed Indian Placement Agency shall
regularly maintain a list of all registered prospective
Indian adoptive parents containing their names,
addresses and other relevant data. NRIs holding Indian
passports can be registered with the Agencies.
5.5
Steps to be followed by RIPA
Step 1) Intake of Children
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All names of children admitted, including
surrendered children, to a Recognised Indian
Placement Agency should be entered in the admission
register with all the available information in the
format prescribed by the CARA. A list of all
children and newly arrived children should be sent
to the ACA/Adoption Cell of the State Govt. or other
Competent Authority on monthly basis. In case of the
death of any child in the Agency, the same has to be
immediately intimated to the State Govt./Concerned
Authority.
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Every recognized/licensed Indian Placement Agency
will maintain a separate file for each child with
the child's complete case history. Further, the
specific details of surrender, the belongings of the
child left by the biological mother and other
required information related to the child should be
maintained/prescribed/documented. No Agency will be
allowed to process cases of children belonging to
other agencies including non-recognised agencies
unless the concerned child has been transferred
legally and physically to its custody for a minimum
period of one month.
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On
admission of a child in the agency, the latter has
to inform the CWC/local authority within 24 hours.
Step 2) Child becoming legally free for adoption
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When RIPA receives a child, its first responsibility
is to trace the biological parents and restore the
child. The biological parent/parents should be
counselled and duly informed by the agency concerned
of the effect of their consent for adoption and the
alternatives available for the care and maintenance
of the child. No Agency will directly or through
agents, attempt to induce biological parents with
monetary and other incentives to surrender their
children.
Step 3) Priority to In-country Adoption
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All the adoption agencies will give priority to
In-country adoptions so that every child gets an
opportunity to find a family within its own cultural
milieu. RIPA should exhaust all possibilities to
place a child within the country within a period of
30 days.
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Each Recognized Indian Placement Agency is required
to adhere to the following order of priority while
considering the adoption of Indian children:
1. Indian citizens living in India.2. Indian
citizens living abroad.
3. Both Parents of Indian origin abroad.* (PIO)
4. One parent of Indian origin abroad.* (PIO)
5. Foreign families.
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(Definition of NRI and PIO for the purpose is given
at **)
Step 4) Documentation of efforts
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Every Recognized Indian Placement Agency shall give
full details of the child to the prospective
adoptive parents (except the names and addresses of
the biological parents), where known to the agency.
Every Recognised Indian Placement Agency will keep a
complete record in chronological order of the
efforts made for locating Indian parents. The
reasons for non-placement of a child in in-country
adoption should be recorded. The names, address &
contact numbers of Indian families who have not
accepted the child should be made available to CARA,
ACA and the State Government whenever required.
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When all efforts to place the child with Indian
parents fail as per priority one, then the procedure
as laid down in Chapter IV will be followed.
5.6 Quarterly Data to be furnished to
Authorities
Every
Recognised Indian Adoption Placement Agency will furnish
quarterly data to the State Government in which the
agency is operating and a quarterly statement to the
Central Adoption Resource Authority, in such Proforma as
may be prescribed by Central Adoption Resource Authority
in respect of children given to Indians and others for
adoption from time to time.
5.7 Surrender of a Child
The
surrender document should be executed at the free will
of the biological parents/parent with no compulsion,
payment or compensation of any kind by the adoption
agency. If the biological parent/s state a preference
for the religious up- bringing of the child, their
wishes should be respected as far as possible. But
ultimately the interest of the child should be the sole
guiding factor before the child is placed in adoption.
Note :: **NRI means Indian citizens who hold Indian
passports and are presently residing abroad.
Persons of Indian origin (PIO) means a foreign citizen
(not being a citizen of Pakistan, Bangladesh and other
countries as may be specified by the Central Govt. from
time to time) if:
(a)
he/she at any time held an Indian Passport; or
(b)
he/she or either of his parents or grand parents or
great grand parents was born in and permanently resident
in India as defined in the govt. of India Act 1935 and
other territories that became part of India thereafter
provided neither was at any time a citizen of any of the
aforesaid countries (as referred to) above;
(c)
he or she is a spouse of a citizen of India or a person
of Indian origin covered under (a) or (b) above.
5.8
The parent/s should be informed by the agency of
his/her/their right to reclaim the child within 60 days
from the date of surrender. He/She/They should be made
aware that after the period of 60 days the surrender
documents will become irrevocable and the child will be
considered free for adoption and the RIPA will be free
to place the child in adoption or guardianship within or
outside India.
5.9
The surrender document should be executed on prescribed
stamped paper in the presence of two responsible
witnesses of whom one should be responsible person who
is not an employee of the organisation. The documents
shall also be signed by a Notary/Oath Commissioner. The
recognized/licensed Indian placement agency should be
able to produce these witnesses if necessity arises. The
responsibility for ensuring the authenticity of the
surrender document would rest on the agency. In case of
a minor surrendering a child, the signature of
parents/relatives of the minor should be obtained, one
of whom should be the person accompanying the minor. The
State Govt. may cross check all surrender documents.
During the surrender process, the RIPA should ensure
that:
i.If
a child is surrendered, both parents sign the
relinquishment document and in case a parent/s is dead,
proof of death is furnished. Where a death certificate
is not available, a certificate from the Sarpanch/Panchayat/Govt.
Authority should be made available.
ii.n
case of a single mother, only she herself and none else,
surrenders the child.
iii.Where both biological parents of the child are
dead, he or she cannot be surrendered by relatives and
will be treated as an abandoned child and the requisite
procedure will follow.
iv.When
a child is born to a married couple but is surrendered
by one biological parent and the whereabouts of the
other are not known, it will be treated as an abandoned
child and the requisite procedures will be followed.
v.If
the document of surrender is considered
invalid/incomplete, the same procedure is followed as
for an abandoned child.
vi.CARA
will reserve the right to refer any Surrender Deed for
the State Government’s verification.
5.10 Abandoned Child
The
procedures for declaring an abandoned child free of
adoption will be as per the relevant provisions of the
Juvenile Justice (Care & Protection of Children)
Act-2000 and concerned State Rules in this regard.
5.11 Reporting
A
monthly statement on status of children, number of
Indian adoptions and lists of all registered prospective
adoptive parents will be sent to ACA and the concerned
department of the State Government. All RIPAs shall send
their Annual Reports, audited statement of accounts and
a copy of FCRA to CARA which should include statement on
adoption fees, donations and data on children adopted
during the period.
5.12 Transfer of Children
The
procedure of transfer of child will be followed as
applicable in JJ Act, 2000 or concerned State JJ Rules
in this regard. All transfer cases should be informed to
the concerned ACA. All such children transferred to the
Recognised Indian Placement Agency (recognised by CARA,
GOI) from an unrecognized agency, whether within the
State or from outside, should be in the physical custody
of the Recognised Indian Placement Agency for a period
of not less than one month before any action for the
adoption of the child abroad is initiated. This is
applicable in case of transfer of children from branches
of the same organisation also.
5.13 Transfer of the child should be accompanied by
available documents pertaining to its admission,
preliminary case history, documentary evidence to prove
that the child is legally free for adoption, and a
letter of transfer. In addition, the photograph of the
child, CSR, PER and other relevant documents should be
sent. The Recognised Indian Placement Agency should
verify all the facts before accepting the child, as it
is legally responsible for its placement.
5.14In the case of inter-state transfer of children,
the following procedures should be followed:
a.Children
from any orphanage/agency can be transferred to another
State with the permission of the State Government.
b.The
child should be registered with the nearest ACA and ACA
will make all possible efforts to find suitable Indian
parents within the stipulated period.
c.If
there is no ACA in the State of origin then ACA
registration has to be done in the State to which the
child has been transferred.
5.15 Follow-up
RIPA
will regularly receive follow up reports from EFAA and
inform about any disruption or negative report about any
child to CARA. It shall also monitor progress reports of
children placed in in-country adoption as per In-country
Guidelines.
5.16 Records
The
following records and registers should be maintained by
every RIPA/ Licensed Indian Placement Agency.
i.Master
Admission Register as prescribed.
ii.A
separate file on each child in the prescribed format,
giving the full details/history. Relevant legal
documents of every adoption and child's
background/history should be maintained at least for a
period of 18 years, for future reference. The file
should have other relevant information i.e. immunization
chart, medical history etc.
iii.Separate register of prospective Indian, NRI and
Foreign adoptive parents with details.
iv.Separate
follow-up register for children placed both in Domestic
and Inter Country adoption.
v.Quarterly
reports in the prescribed format as forwarded to the
State Government, Central Adoption Resource Authority
and ACA.
vi.The
annual report of the organisation clearly reflecting its
adoption and other social and child welfare activities.
vii. An audited statement of accounts, together with
a copy of FCRA account submitted to the Home Ministry.
viii.Other records stipulated under the Societies
Registration Act, 1860 or the relevant State Law
relating to public trusts
5.17 Recovery of Costs in case of Inter-country
Adoption
a.The
organisation will pursue only non-profit objectives.
Under no circumstances should it derive improper
financial gain from any activity related to
inter-country or in-country adoption. In inter-country
adoption, an adoption fee of a fixed amount of US$3500
or its equivalent in Indian rupees will be payable by
the adoptive parents to the Recognised Indian Placement
Agencies through EFAA or a central authority. This fee
will include the cost involved in providing quality
child care, medical and legal services, passport, visa,
payment towards professional staff, monitoring,
correspondence, preparation of child study reports,
medical reports, etc. This outer limit of recoverable
expenses may be reviewed by CARA/Govt. of India once in
a period of five years depending upon escalation of the
expenses including cost of living. In case of disruption
or failure of adoption, the cost of repatriating the
child to India, will be borne by the Enlisted Foreign
Adoption Agency, if no alternative placement for the
child is effected in the foreigner's country with the
concurrence of the Recognised Indian Placement Agency.
b. No donation shall be received by a Recognised
Indian Placement Agency from a Foreign Prospective
Adoptive Parent/Parents or Enlisted Foreign Adoption
Agency.
i.If
it comes to CARA's notice that any RIPA charges more
than the prescribed fees or tries to financially exploit
the sponsoring agency/adoptive parents, CARA may after
giving an opportunity to such agency to explain its
position, suspend or withdraw its recognition as well as
recommend criminal prosecution to the State Govt. as per
law i.e. in terms of the principles of accountability of
the person found defaulter. Similarly, if any Enlisted
Foreign Adoption Agency induces a Recognized Adoption
Placement Agency by giving offers of more money than the
prescribed fees for processing a case of inter-country
adoption of an Indian child, CARA may after giving an
opportunity to such agency to explain its point of view,
de-enlist the foreign agency along with recommendation
to prosecute the defaulters as per law of that country.
ii.There
should not be any agreement between Indian and Foreign
Agencies on number of children to be offered for
adoption to foreign families. Similarly, no such
agreement on donations and fees will be entered between
such Agencies.
5.18 Renewal of Recognition of RIPA
RIPA
should apply for renewal of recognition, 6 months prior
to the date of expiry of the previous recognition. The
original application should be sent by the agency to the
appropriate authority of the State Government and a copy
of it should simultaneously be forwarded directly to
CARA. The State Government will forward the original
application to CARA along with its comments within a
period of two months from the date of receipt of the
complete application. If the State Government does not
respond within three months from the date of receipt of
application, CARA may conduct a joint inspection and
consider the renewal of recognition. Recognition would
normally be renewable for a period of three years
subject to the following conditions:
a.Recommendation/views
of the concerned State Government accompanied by the
inspection report of the Agency.
b. Satisfactory
performance in relation to in-country adoption will be
an important factor to assess and consider further
renewal of recognition of any RIPA. The agencies shall
sufficiently exhibit their involvement in the area of
In-country adoption. The Agencies will place 50% or more
children in adoption to Indians in India.
c. Regular
submission of Annual report, quarterly reports of the
Agencies and audited statement of accounts as
prescribed, adoption charges per child, donations
received, if any.
d.No
instance of proved malpractice against the RIPA.
e.Whether
the agency is still recognized by the appropriate
authority of concerned State govt. for running the
children Home and doing in country adoption under
relevant rules.
f.List
of children placed in in-country and inter-country
adoption, year-wise for the period of three years to
support the data submitted.
5.19 Agencies to maintain Accounts
i.Every
agency shall maintain proper accounts to be audited by a
Chartered Accountant every year.
ii.An
attested copy of audited accounts together with audit
report shall be furnished by every agency within one
month from the date accounts have been audited by the
Chartered Accountant, to the relevant Department of the
State Government concerned and to the CARA.
iii.An attested copy of the FCRA accounts submitted
to the Home Ministry should be furnished to CARA
together with the audited accounts, by the agency. The
adoption charges and donations received from different
sources will be submitted to CARA at the end of every
financial year.
5.20 Recognised Indian Placement Agencies to deal
with Enlisted Foreign Adoption Agencies only
No
Recognised Indian Placement Agency shall entertain any
application for adoption of an Indian child from
foreigners [including NRIs/PIOs (as applicable)] unless
it is forwarded through Enlisted Foreign Adoption
Agency/central authority or from the appropriate
Government authority/duly authorized body in countries
where there is no enlisted agency. The Recognised Indian
Placement Agency should not entertain an application
direct from any foreign individual or Foreign Agency
that is not enlisted by CARA.
5.21 Inspection of Agencies
The
premises of the Recognised Indian Placement Agencies
including their children Homes, and their records shall
be open to inspection by CARA, State Government or any
other agency authorized by CARA.
5.22 De-recognition
Recognition can be withdrawn or suspended by CARA
wherever the need arises after giving due opportunity to
the agency by way of show cause notice. No recognition
is granted on a permanent basis and the same shall be
subject to review from time to time.
5.23 Safeguards
i.No
contact between the FPAPs and the biological parents
will be allowed. Counseling facilities should be made
available to biological mother/parents by the adoption
agency. Consent of the biological mother cannot be
obtained before the birth of the child.
ii.No
child should be proposed for intercountry adoption
before ACA Clearance except in the case of NRIs
iii.RIPA will maintain the confidentiality of the
child’s origin, his or her parents
iv.No
one shall derive improper financial gain or other gain
from an activity related to adoption. A receipt shall be
issued in case of receipt of any payment for any service
rendered.
v.here
can’t be any direct adoption by any FPAPs and all such
adoptions shall be through recognized/enlisted agencies
as defined under the Guidelines
All
RIPAs shall adhere to strict ethical practices and work
in the best interest of children as defined in the
Guidelines and described in Hague Convention on
Inter-country Adoption–1993 failing which action as
deems fit will be taken against any defaulting agency/ies.
The office bearers of the agency/ies will be held
responsible for any breach of procedural
safeguards
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