CHAPTER-6

ENLISTED FOREIGN AGENCIES FOR ADOPTION (EFAA)

6.1 Foreign Agencies to Apply to India’s Diplomatic Missions

A foreign social/child welfare agency desirous of sponsoring applications of foreign adoptive parents for adopting an Indian child shall make an application for authorization to CARA through the Office of Indian Diplomatic Mission in that country and only such foreign agencies enlisted for this purpose by CARA shall undertake this activity.

6.2 Criteria for Enlistment of Foreign Agencies

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

Top

 

(c) copyright reserved by Sanyog. Powered by Victor Technology.