Adoption Regulations 2017

MINISTRY OF WOMEN AND CHILD DEVELOPMENT

NOTIFICATION

New Delhi, the 4th January, 2017

G.S.R. 3(E).—In exercise of the powers conferred by clause (c) of section 68 read with clause (3) of section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), and in supersession of the Guidelines Governing Adoption of Children, 2015 published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (ii) dated the 17th July, 2015 vide notification number S.O. 1945 (E) dated the 17th July, 2015, except as respects things done or omitted to be done before such supersession, the Central Government hereby notifies the following adoption regulations as framed by the Central Adoption Resource Authority.

CHAPTER – I

PRELIMINARY

1.Short title and commencement.- (1) These regulations may be called Adoption Regulations, 2017.

(2)They shall come into force on the 16th January, 2017.

2.Definitions.- In these regulations, unless the context otherwise requires,- (1) “Act” means the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016);

(2)“Adoption Committee” means the Committee comprising of the authorised office-bearer of the Specialised Adoption Agency concerned, its visiting doctor or a medical officer from a Government hospital and one official from the District Child Protection Unit; and shall also include a representative of the Child Care Institution, in case the adoption is from a Child Care Institution other than the Specialised Adoption Agency;

(3)“adoption fee” means the fee as prescribed by the a uthority to be received from the prospective adoptive parents directly, in case they are living in India and through Authorised Foreign Adoption Agency or Central Authority or the Government department, as the case may be, in cases of inter-country adoptions;

(4)“Child Adoption Resource Information and Guidance S ystem” means an online information system for facilitating, guiding and monitoring the adoption programme;

(5)“child legally free for adoption” means a child dec lared as such by the Committee as per the format provided in Schedule I, after making due inquiry under section 38 of the Act;

(6)“Child Study Report” means the report which conta ins details about the child, including his date of birth and social background as per the format provided in Schedule II;

(7)‘‘disruption’’ means the child being unmatched from the adoptive family due to non-adjustment of the child with the adoptive family after placement, but prior to the completion of the legal process of adoption;

(8)“dissolution” means the annulment of the adoption l egally, due to non-adjustment of the child with the adoptive family, after the court decree for the adoption has been obtained;

(9)“habitual residence” means a place of settled dwell ing, which constitutes the ordinary residence of a person at least for a period of one year;

(10)“Hague Adoption Convention” means the Hague Convent ion on Protection of Children and Cooperation in Respect of Inter-country Adoption(1993);

(11)“Home Study Report” means a report containing detai ls of the prospective adoptive parents, which shall include social and economic status, family background, description of home and atmosphere therein and health status as per the format provided in Schedule VII;

(12)“in-country adoption” means adoption of a child by a citizen of India residing in India;

(13)“Medical Examination Report” means the report in re spect of health condition of a child given by a duly licensed physician in the format provided in Schedule III and Schedule IV;

(14)“No Objection Certificate” means the certificate is sued by the Authority permitting the child to be placed in adoption with foreign or overseas citizen of India or non-resident Indian prospective adoptive parents;

(15)“pending adoptions” means those adoption matters, w here the prospective adoptive parents are already registered for adoption or who have accepted the referral of a child from a Specialised Adoption Agency or Child Care Institution before the expiry, suspension or withdrawal of recognition of such Specialised Adoption Agency or Child Care Institution;   

(16)“pre-adoption foster care” means a stage when the temporary custody of a child is given to prospective adoptive parents, till the adoption order is granted by the competent court;

(17)“resident Indian” means an Indian citizen living in India;

(18)“rules” means the rules notified under section 110 of the Act;

(19)“Schedule” means a Schedule annexed to these regula tions;

(20)“social worker” means a person having either post g raduate degree in social work or sociology or psychology or child development, or a graduate degree in child education or child development or child protection, and who is engaged by the Child Care Institution or Specialised Adoption Agency or authorised by District Child Protection Unit or State Adoption Resource Agency or Central Adoption Resource Authority, and is having at least ten years’ experience in preparing Home Study Report, Child Study Report, rendering post-adoptionservices or performing any other work assigned to such person;

(21)“special need child” means a child who is mentally ill or physically challenged or both as specified in Schedule XVIII;

(22)words and expressions used but not defined in these regulations shall have the same meaning as assigned to them in the Act or the rules made thereunder.

3.Fundamental principles governing adoption.- The following fundamental principles shall govern adoptions of children from India, namely:-

(a)the child’s best interests shall be of paramount consideration, while processing any adoption placement;

(b)preference shall be given to place the child in adoption with Indian citizens and with due regard to the principle of placement of the child in his own socio-cultural environment, as far as possible;

(c)all adoptions shall be registered on Child Adoption Resource Information and Guidance System and the confidentiality of the same shall be maintained by the Authority.

4.Child eligible for adoption.- The following shall be eligible for adoption, namely:-

(a)any orphan or abandoned or surrendered child, declared legally free for adoption by the Child Welfare Committee;

(b)a child of a relative defined under sub-section (52) of section 2 of the Act;

(c)child or children of spouse from earlier marriage, surrendered by the biological parent(s) for adoption by thestep-parent.

5.Eligibility criteria for prospective adoptive parents.- (1) The prospective adoptive parents shall be physically, mentally and emotionally stable, financially capable and shall not have any life threatening medical condition.

(2)Any prospective adoptive parents, irrespective of his marital status and whether or not he has biological son or daughter, can adopt a child subject to following, namely:-

(a)the consent of both the spouses for the adoption shall be required, in case of a married couple;

(b)a single female can adopt a child of any gender;

(c)a single male shall not be eligible to adopt a girl child;

(3)No child shall be given in adoption to a couple unless they have at least two years of stable marital relationship.

(4)The age of prospective adoptive parents, as on the date of registration, shall be counted for deciding the eligibility and the eligibility of prospective adoptive parents to apply for children of different age groups shall be as under:-

(5)In case of couple, the composite age of the prospective adoptive parents shall be counted.

(6)The minimum age difference between the child and either of the prospective adoptive parents shall not be less thantwenty-five years.

(7)The age criteria for prospective adoptive parents shall not be applicable in case of relative adoptions and adoption bystep-parent.

(8)Couples with three or more children shall not be considered for adoption except in case of special need children as defined in sub-regulation (21) of regulation 2, hard to place children as mentioned in regulation 50 and in case of relative adoption and adoption by step-parent.

CHAPTER II

PROCEDURE RELATING TO CHILDREN FOR ADOPTION

6.Procedure relating to orphan or abandoned child.- (1) The provisions relating to the process of declaring an orphan or abandoned child, as legally free for adoption are laid down in sections 31, 32, 36, clauses (a) to (c) and clause (h) ofsub-section (1) of section 37 and section 40 of the Act, as well as under the relevant provisions of the rules made thereunder.

(2)An orphan or abandoned child received by a Child Care Institution, including a Specialised Adoption Agency, directly without the involvement of Child Welfare Committee, shall be produced before the Child Welfare Committee withintwenty-four hours (excluding the journey time) along with a report as per the format given in Form 17 of Juvenile Justice (Care and Protection of Children) Model Rules, 2016 and a copy of such report shall be submitted by the Child Care Institution or the Specialised Adoption Agency, as the case may be, to the local police station within the same period.

(3)If a child is under treatment or not in a condition to be produced before the Child Welfare Committee, only documents related to the child shall be produced before the Child Welfare Committee within the said timeline and the Child Welfare Committee may visit the ailing child.

(4)The Child Welfare Committee, pending inquiry, shall issue an order in Form 18 of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016 for a short term placement or interim care of the child, as per the provisions of sub-section (c) of section 37 of the Act and the sub-rule 26 of rule 18 of the said rules.

(5)On admission of the child, his details and photograph shall be entered online in the Child Adoption Resource Information and Guidance System in the prescribed format by the Specialised Adoption Agency within three working days of receiving the child, and the photograph of the child shall be changed by the Specialised Adoption Agency every six months in Child Adoption Resource Information and Guidance System.

(6)For tracing out the biological parents or the legal guardian(s), the Child Welfare Committee, after taking into account the risk factors, and in the best interest of the child, may direct the District Child Protection Unit to advertise the particulars and photograph of an orphan or abandoned child in a national newspaper with wide circulation within three working days from the time of receiving the child and also ensure entry of data in the designated portal in its missing or found column by the concerned Child Care Institution or Specialised Adoption Agency.

(7)In case where the child is from another State, the publication shall be done in the known place of origin of the child in the local language and such publications shall be facilitated by State Adoption Resource Agency concerned.

(8)Wherever District Child Protection Unit is not functional, the District Magistrate concerned shall get such advertisement issued.

(9)In case the biological parents or legal guardian cannot be traced, despite the efforts specified in sub-regulations

(6)to (8), the District Child Protection Unit shall accordingly, submit a report to the Child Welfare Committee within thirty days from the date of production of the child before the Child Welfare Committee.

(10)The Child Care Institution or Specialised Adoption Agency shall submit a report to the Child Welfare Committee, immediately on completion of thirty days from the date of production of the child, before the Child Welfare Committee and the report shall include any information revealed by the child during his short term placement and details of person(s) whosoever approached for claiming the child, if any.

(11)In case the report from the local police regarding the non-traceability of the biological parents or legal guardian is not submitted within two or four months in the case of an abandoned child less than two or four years of age respectively, such report shall be deemed to have been given.

(12)The Child Welfare Committee shall use the designated portal to ascertain whether the abandoned child or orphan child is a missing child.

(13)The Child Welfare Committee, after taking actions as per the provisions of the Act, rules made thereunder and these regulations shall issue an order signed by any three members of the Child Welfare Committee declaring  he abandoned or orphan child as legally free for adoption in the format at Schedule I within a period of two or four months, from the date of production of the child before the Child Welfare Committee, in case of a child upto two or above two years of age respectively.

(14)The inquiry under section 36 of the Act and the order declaring an abandoned or orphan child as legally free for adoption by the Child Welfare Committee under section 38 of the Act shall be completed in the district where the child was initially found, or in the district to which the child is shifted under orders of the Child Welfare Committee.

(15)The Child Welfare Committee and Medical Examination Report of an orphan or abandoned child shall be prepared in the format at Schedule II and III respectively and posted in the Child Adoption Resource Information and Guidance System by the Specialised Adoption Agency maximum within ten days from the date the child is declared legally free for adoption and the details shall be updated on Child Adoption Resource Information and Guidance System every six months or whenever appreciable physical changes are observed in the child.

(16)The Child Welfare Committee and Medical Examination Report shall be made available in English, apart from the local language.

(17)The District Child Protection Unit shall facilitate the Specialised Adoption Agency in uploading the Child Study Report and Medical Examination Report in Child Adoption Resource Information and Guidance System, in case the Specialised Adoption Agency is facing any technical difficulty.

(18)The procedure for declaring a child of parents with mental disability as legally free for adoption by the Child Welfare Committee shall be done on the basis of a certificate reflecting mental disability of the parents from the medical board constituted by the Central Government or the State Government, as the case may be, as per guidelines for mental illness issued by the Government of India in the Ministry of Social Justice and Empowerment from time to time.

(19)In case of siblings or twins, the Child Welfare Committee shall specify the status of the children as siblings or twins and declare the children as legally free in a single order.

7. Procedure relating to a surrendered child.- (1) A parent or guardian wishing to surrender a child under sub- section (1) of section 35 of the Act, shall apply to the Child Welfare Committee in the Form 23 of Juvenile Justice (Care and Protection of Children) Model Rules, 2016.

(2)For parents or guardians who are unable to give an application, due to illiteracy or any other reason, the Child Welfare Committee shall facilitate the same through the legal aid counsel provided by the Legal Services Authority.

(3)The Deed of Surrender shall be executed as per Schedule V.

(4)If the surrendering parent is an unmarried mother, the Deed of Surrender may be executed in the presence of preferably any single female member of the Child Welfare Committee.

(5)If a child born to a married couple is to be surrendered, both parents shall sign the Deed of Surrender and in case one of them is dead, death certificate is required to be furnished in respect of the deceased parent.

(6)If a child born to a married couple is to be surrendered by one biological parent and the whereabouts of the other parent are not known, the child shall be treated as abandoned child and further procedures in accordance with regulation 6 of these regulations shall be followed.

(7)In case of a child born out of wedlock, only the mother can surrender the child and if the mother is a minor, the Deed of Surrender shall be signed by an accompanying adult as the witness.

(8)If the surrender is by a person other than the biological parents who is not appointed as a guardian by a court of law, the child shall be treated as abandoned child and further procedures in accordance with regulation 6 shall be followed.

(9)The Specialised Adoption Agency and the Child Welfare Committee shall ensure that a copy of the Deed of Surrender is given to the surrendering parents or person.

(10)The details of the child along with his photograph shall be entered online in the Child Adoption Resource Information and Guidance System by the Specialised Adoption Agency within three working days from the time of receiving the child.

(11)To discourage surrender by biological parents, efforts shall be made by the Specialised Adoption Agency or the Child Welfare Committee for exploring the possibility of parents retaining the child, which shall include counselling or linking them to the counselling center set up at the Authority or State Adoption Resource Agency, encouraging them to retain the child and explaining that the process of surrender is irrevocable.

(12)The Specialised Adoption Agency and the Child Welfare Committee shall ensure that the surrendering parents or the legal guardian is made aware that they can reclaim the surrendered child only within a period of sixty days from the date of surrender.

(13)Due regard shall be given to the privacy of the surrendering parents and the surrendered child by the authorities and agencies involved in the process.

(14)No public notice or advertisement shall be issued in the case of a surrendered child.

(15)In case the surrendering biological parent has not claimed back the child during the reconsideration period, the same shall be intimated by the Specialised Adoption Agency to the Child Welfare Committee on completion of sixty days from the date of surrender.

(16)The reconsideration period for the biological parents is specified in sub-section (3) of section 35 of the Act and no further notice shall be issued to the surrendering parents.

(17)The Child Welfare Committee shall issue an order signed by at least three members declaring the surrendered

child as legally free for adoption after the expiry of sixty days from the date of surrender, in the format at Schedule I.

(18)The Child Study Report and Medical Examination Report of the surrendered child shall be prepared and posted in the Child Adoption Resource Information and Guidance System by the Specialised Adoption Agency, within ten days from the date the child is declared legally free for adoption, in the format at Schedule II and Schedule III of these Regulations respectively.

(19)The Child Study Report and Medical Examination Report shall be made available in English (apart from the local language) and the District Child Protection Unit shall facilitate the Specialised Adoption Agency in uploading the Child Study Report and Medical Examination Report in Child Adoption Resource Information and Guidance System, in case the Specialised Adoption Agency is facing any technical difficulty.

(20)Strict confidentiality shall be maintained in cases of all documents pertaining to biological parents in all circumstances unless the surrendering parents have expressed their willingness for divulging the same.

(21)The surrender of a child by an unwed mother before a single woman member of the Child Welfare Committee shall be considered as surrender of the child before the Committee as envisaged under section 35 of the Act, and her right to privacy has to be protected.

(22)The surrender of a child before Child Welfare Committee shall be in camera.

(23)The surrender of child or children by the biological parents for adoption by the step-parent shall be before the Child Welfare Committee, for adoption, on the ground of emotional and social factors as envisaged under sub- section (1) of section 35 of the Act, in the format given at Schedule XXI.

8.Availability of child for adoption.- As soon as a child is declared legally free for adoption by the Child Welfare Committee, such child shall be allowed to be given in adoption to a resident Indian or non-resident Indian parents:

Provided that such child shall be allowed to be given in inter-country adoption.-

(a)after sixty days, if the child is below five years of age;

(b)after thirty days, if the child is above five years of age or is a sibling;

(c)after fifteen days, if the child has any mental illness or physical disability as listed in Schedule XVIII.

Explanation.- For the purposes of this regulation, it is clarified that the time limits specified in the proviso shall be calculated from the date, the certificate issued by the Child Welfare Committee declaring the child as legally free for adoption, is uploaded in Child Adoption Resource Information and Guidance System.

CHAPTER III

ADOPTION PROCEDURE FOR RESIDENT INDIANS

9.Registration and home study of the prospective adoptive parents.- (1) The Indian prospective adoptive parents irrespective of their religion, if interested to adopt an orphan or abandoned or surrendered child, shall apply for the same to Specialised Adoption Agencies through Child Adoption Resource Information and Guidance System by filling up the online application form, as provided in Schedule VI, and uploading the relevant documents thereby registering themselves as prospective adoptive parents.

(2)The prospective adoptive parents shall opt for desired State or States by giving option for those particular States at the time of registration.

(3)Registration on Child Adoption Resource Information and Guidance System would be a deemed registration in all Specialised Adoption Agencies of the State or States they have opted for.    

4)The registration number of prospective adoptive parents shall be available with all the Specialised Adoption Agencies in those State or States, as the case may be.

(5)The registration shall be complete and confirmed to the prospective adoptive parents immediately on receipt of the completed application form and requisite documents on Child Adoption Resource Information and Guidance System:

Provided that the documents shall be uploaded within a period of thirty days from the date of registration failing which the prospective adoptive parents have to register afresh.

(6)The prospective adoptive parents shall get their registration number from the acknowledgement slip and use it for viewing the progress of their application.

(7)The prospective adoptive parents shall select a Specialised Adoption Agency nearest to their residence for Home Study Report in their State of habitual residence.

(8)The Home Study Report of the prospective adoptive parents shall be prepared through the social worker of selected Specialised Adoption Agency and in case they are unable to conduct Home Study Report within stipulated time, they shall take the assistance of a social worker from a panel maintained by the State Adoption Resource Agency or District Child Protection Unit, as the case may be.

(9)The Specialised Adoption Agency or the empanelled social worker of the State Adoption Resource Agency or District Child Protection Unit shall counsel the prospective adoptive parents during the home study.

(10)The Home Study Report shall be completed in the format given in Schedule VII, within thirty days from the date of submission of requisite documents and shall be shared with the prospective adoptive parents immediately, thereafter.

(11)The Home Study Report shall be posted in the Child Adoption Resource Information and Guidance System by the Specialised Adoption Agency as soon as it is complete.

(12)The Home Study Report shall remain valid for three years and shall be the basis for adoption of a child by the prospective adoptive parents from anywhere in the country.

(13)The prospective adoptive parents shall be declared eligible and suitable by the Specialised Adoption Agency based upon the Home Study Report and supporting documents and in case any prospective adoptive parent is not declared eligible or suitable, the reasons for the same shall be recorded in the Child Adoption Resource Information and Guidance System.

(14)The prospective adoptive parents may appeal against the decision of rejection to the Authority as provided regulation 59.

(15)The appeal referred to in sub-regulation (14) shall be disposed of within a period of fifteen days and the decision of the Authority in this regard shall be binding.

(16)The District Child Protection Unit shall facilitate online registration of application of prospective adoptive parents, uploading of their documents and also for addressing technical difficulties faced by the Specialised Adoption Agencies.

(17)The adoption of a child by the prospective adoptive parents, after completion of their registration and Home Study Report, shall depend upon the availability of a suitable child.

10.Referral of a child from a Specialised Adoption Agency through Child Adoption Resource Information and Guidance System to prospective adoptive parents.- (1) The seniority of the prospective adoptive parents for child referral shall be from the date of uploading of documents and completion of registration process in Child Adoption Resource Information and Guidance System.

(2)On the basis of seniority, the prospective adoptive parents shall be referred online profile of three children which will include the photographs, Child Study Report and Medical Examination Report, in their preference category, if any, from one or more Specialised Adoption Agencies through the Child Adoption Resource Information and Guidance System in one or more referrals.

(3)After viewing the profile of the child or children, the prospective adoptive parents may reserve one child within a period of forty-eight hours for possible adoption and the rest of the children would be released by Child Adoption Resource Information and Guidance System for other prospective adoptive parents in the waiting list.

(4)The Specialised Adoption Agency shall get the details of the prospective adoptive parents through the Child Adoption Resource Information and Guidance System for fixing an appointment with the prospective adoptive parents for matching, to assess the suitability of the prospective adoptive parents by an Adoption Committee as defined insub-regulation (2) of regulation 2 and the Adoption Committee shall prepare the minutes of the meeting as per format provided in Schedule XXVII.

(5)The quorum of the Adoption Committee shall be two members and the quorum of the Adoption Committee in case of adoption from a Child Care Institution shall be three members, while the presence of one official from the District Child Protection Unit would be mandatory.

(6)The Specialised Adoption Agency shall also organise a meeting of the prospective adoptive parents with the child.

(7)The entire process of matching shall be completed within a maximum period of twenty days from the date of reserving the child.

(8)The Specialised Adoption Agency shall counsel the prospective adoptive parents when they visit the agency for matching.

(9)While accepting the child, the prospective adoptive parents shall sign the Child Study Report and Medical Examination Report which may be downloaded from the Child Adoption Resource Information and Guidance System, in the presence of the social worker or chief functionary of the Specialised Adoption Agency and the Specialised Adoption Agency shall record the acceptance by the prospective adoptive parents in the Child Adoption Resource Information and Guidance System.

(10)In case the prospective adoptive parents are not selected for the child by the Adoption Committee, the reason fornon-selection of the prospective adoptive parents shall be recorded in the Child Adoption Resource Information and Guidance System.

(11)If grounds of rejection are found to be due to systemic error or on non-justifiable reasons, seniority of the prospective adoptive parents shall be retained.

(12)In case the prospective adoptive parents do not accept the reserved child or the Adoption Committee does not find the prospective adoptive parents suitable, then the prospective adoptive parents shall be relegated to the bottom of the seniority list, as on that date, who may avail a fresh chance when the seniority becomes due and the same procedure shall be followed in the subsequent chances.

(13)In all cases referred to in sub-regulations (12), the reasons for not considering the child have to be clearly stated in Child Adoption Resource Information and Guidance System.

(14)The registration of prospective adoptive parents shall continue till child adoption, with revalidation of the Home Study Report in every three years.

(15)The prospective adoptive parents may also get the Medical Examination Report of the child reviewed by a medical practitioner of their choice before giving their acceptance for adoption of the child.

11.Pre-adoption foster care.- (1) The child shall be taken in pre-adoption foster care by the prospective adoptive parents within ten days from the date of matching, after signing the pre-adoption foster care undertaking in the format provided in Schedule VIII.

(2)The prospective adoptive parents shall provide original documents or notarized copy of the documents to the Specialised Adoption Agency as specified in Schedule IX.

12.Legal procedure.- (1) The Specialised Adoption Agency shall file an application in the court concerned, having jurisdiction over the place where the Specialised Adoption Agency is located, with relevant documents in original as specified in Schedule IX within ten working days from the date of matching of the child with the prospective adoptive parents and in case of inter-country adoption, from the date of receiving No Objection Certificate from the Authority, for obtaining the adoption order from court.

(2)The Specialised Adoption Agency shall file an application in the given format as per Schedule XXVIII or XXIX, as applicable.

(3)In case the child is from a Child Care Institution, which is not a Specialised Adoption Agency and is located in another district, the Specialised Adoption Agency shall file the application in the court concerned, in the district where the child or the Specialised Adoption Agency is located and in such a case, the Child Care Institution will be a co-petitioner along with the Specialised Adoption Agency and the Child Care Institution shall render necessary assistance to the Specialised Adoption Agency concerned.

(4)In case of siblings or twins, the Specialised Adoption Agency shall file single application in the court.

(5)Since an adoption case is non-adversarial in nature, the Specialised Adoption Agency shall not make any opposite party or respondent in the adoption application.

(6)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 Specialised Adoption Agency, as provided under sub- section (2) of section 61 of the Act.

(7)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.

(8)The Specialised Adoption Agency shall obtain a certified copy of the adoption order from the court and shall forward it to the prospective adoptive parents within ten days and it shall also post a copy of the order and update the relevant entries in the Child Adoption Resource Information and Guidance System.

(9)Registration of an adoption deed shall not be mandatory as per the Act.

(10)The Specialised Adoption Agency shall apply to the birth certificate issuing authority for obtaining the birth certificate of the child within three working days from the date of issuance of adoption order, with the name of adoptive parents as parents, and date of birth as recorded in the adoption order and the same shall be issued by the issuing authority within five working days from the date of receipt of the application.

(11)The Specialised Adoption Agency shall submit an affidavit to the court while filing a petition as provided in Schedule XXIII.

13.Follow-up of progress of adopted child.- (1) The Specialised Adoption Agency which has prepared the Home Study Report, shall prepare the post-adoption follow-up report on six monthly basis for two years from the date ofpre-adoption foster placement with the prospective adoptive parents, in the format as provided in Schedule XII and upload the same in Child Adoption Resource Information and Guidance System along with photographs of the child.

(2)In case the adoptive parents relocate, they shall inform the agency which has conducted their home study and the District Child Protection Unit of the district where they relocate.

(3)The District Child Protection Unit of the district of the current residence shall prepare the post-adoption follow- up report and upload the same in Child Adoption Resource Information and Guidance System.

(4)The Specialised Adoption Agency or the District Child Protection Unit as the case may be, shall arrange for counselling the adoptive parents and adoptee by social worker or link them to the counseling center set up at the Authority or State Agency, whenever required.

(5)In case the child is having adjustment problem with the adoptive parents, the Specialised Adoption Agency shall arrange the required counseling for such adoptive parents and adoptees or link them to the counseling center set up at the Authority or State Agency, wherever required.

(6)In case of disruption in in-country adoption.-

(a)at the stage of pre-adoption foster care before filing a petition, the child shall be taken back by the Specialised Adoption Agency concerned with information to District Child Protection Unit;

(b)at the stage of pre-adoption foster-care after the petition has been filed in the court, the child shall be taken back by the Specialised Adoption Agency and adoption application shall be withdrawn from the court concerned with intimation to District Child Protection Unit;

(c)where the child has been taken to another State during the adoption process, the repatriation of the child shall be coordinated by State Adoption Resource Agency in the State where the child is residing and the State of origin.

(7)In case of dissolution, the application for annulment of adoption order shall be filed in the court which issued the adoption order.

(8)After disruption or dissolution of adoption, as the case may be, the status of the child shall be updated as legally free for adoption in Child Adoption Resource Information and Guidance System by the Specialised Adoption Agency.

CHAPTER IV

ADOPTION PROCEDURE FOR NON-RESIDENT INDIAN, OVERSEAS CITIZEN OF INDIA AND FOREIGN

PROSPECTIVE ADOPTIVE PARENTS

14.Non-Resident Indian to be treated at par with resident Indian.- Non-resident Indian prospective adoptive parents shall be treated at par with Indians living in India in terms of priority for adoption of Indian orphan, abandoned or surrendered children.

15.Registration and Home Study Report for prospective adoptive parents for inter-country adoption.- (1)

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.

(2)In case, there is no Authorised Foreign Adoption Agency or Central Authority in their country of habitual residence, then the prospective adoptive parents shall approach the Government department or Indian diplomatic mission concerned in that country for the purpose.  

(3)The Authorised Foreign Adoption Agency or Central Authority or the Government department or the Indian diplomatic mission concerned, as the case may be, on ascertaining the eligibility of the prospective adoptive parents for adopting a child, shall get their Home Study Report completed and register their application in Child Adoption Resource Information and Guidance System in the format along with the required documents as specified in Schedule VI.

(4)The seniority of the prospective adoptive parents shall be counted from the date of their registration and uploading of requisite documents in the Child Adoption Resource Information and Guidance System.

(5)The Home Study Report and other documents of the prospective adoptive parents, referred to in this Chapter, shall be scrutinised at the Authority in order to determine their eligibility and suitability and be forwarded to the Specialised Adoption Agency where children legally free for adoption are available.

(6)The profiles of two children, in one or two referral(s), shall be forwarded by Child Adoption Resource Information and Guidance System to the Authorised Foreign Adoption Agency or Central Authority or Government department or Indian diplomatic mission, as the case may be, which may further forward such profiles to the prospective adoptive parents concerned as per local rules and in case of a foreigner or Overseas Citizen of India, the profiles of children shall be referred to the prospective adoptive parents.

(7)The prospective adoptive parents may reserve one of the referred children within ninety-six hours and the profile of the other child shall stand automatically withdrawn.

(8)In case the prospective adoptive parents fail to reserve any of the children within ninety-six hours, then the profiles of both the children shall stand automatically withdrawn.

(9)Preference of the prospective adoptive parents shall be taken into consideration when sending referrals to them.

(10)If the prospective adoptive parents reserve one of the children shown, they shall accept the child by signing the Child Study Report and Medical Examination Report of the child within thirty days from the date of reservation.

(11)The Child Study Report, Medical Examination Report and photograph of the child, in original, shall be sent by the Specialised Adoption Agency to the Authorised Foreign Adoption Agency or Central Authority or the Indian diplomatic mission concerned.

(12)In case the prospective adoptive parents fail to accept the reserved child within thirty days, then the profile of the child shall stand withdrawn by the Child Adoption Resource Information and Guidance System and the seniority of the prospective adoptive parents shall be relegated to the bottom of the list; and shall be given another opportunity to reserve and accept a child when their turn becomes due, provided that their Home Study Report remains valid.

(13)If the prospective adoptive parents desire to visit the Specialised Adoption Agency to see the child in person, before accepting him for adoption, such visit may be made after their adoption application is approved by the Authority and the prospective adoptive parents may also get the Medical Examination Report of the child reviewed by a medical practitioner of their choice.

(14)The Authorised Foreign Adoption Agency shall forward the original documents of the prospective adoptive parents, as specified in Schedule IX, to the Specialised Adoption Agency concerned for their scrutiny.

(15)All documents forming part of the Home Study Report shall be notarised and the signature of the notary is to be apostilled by competent authority of the receiving country in cases of Hague Adoption Convention ratified countries, however the documents originating from India shall be self-attested.

(16)If the documents are in any language other than English, then the originals must be accompanied by translations in English, duly attested by the agency or authority in the country of residence of the prospective adoptive parents designated for the purpose of attestation or apostille.

16. 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.

17.Legal Procedure.- (1) The legal procedure as provided in regulation12 shall, mutatis mutandis be followed in cases ofinter-country adoption under this Chapter

(2)In cases of the prospective adoptive parents habitually residing abroad and wanting the Specialised Adoption Agency to represent on their behalf as well, the application shall also be accompanied by a Power of Attorney in favour of the social worker or adoption in-charge of the Specialised Adoption Agency which is processing the case and such Power of Attorney shall authorise a social worker to handle the case on behalf of the prospective adoptive parents.

18.Passport and visa, intimation to immigration authorities, Conformity Certificate, Birth Certificate, etc.-

(1) The Authority shall issue a Conformity Certificate under Article 23 of the Hague Adoption Convention in

the format provided in Schedule XI within three working days from the date of availability of the adoption order in the Child Adoption Resource Information and Guidance System, in case the receiving country of the adopted child is a signatory to the Hague Adoption Convention.

(2)The Authority shall inform the immigration authorities and the foreign regional registration office or the foreign registration office concerned, as the case may be, about confirmation of the adoption.

(3)To obtain Indian passport for the adopted child, the Specialised Adoption Agency shall submit the application to the regional passport officer within three working days from the date of receipt of the adoption order.

(4)The regional passport office shall issue passport for the adopted child within ten days from the date of receipt of application, in accordance with the circulars regarding issuance of passport to inter-country adopted children, issued by the Ministry of External Affairs of the Central Government from time to time.

(5)The Specialised Adoption Agency shall approach the birth certificate issuing authority for obtaining birth certificate of the adopted child, with the name of adoptive parents, as parents, and date of birth as recorded in the adoption order within a period of three days of obtaining of the certified copy of the adoption order.

(6)The adopted child shall be entitled to receive Overseas Citizen of India card, if found eligible.

(7)The adoptive parent(s) shall come to India for taking the adopted child to their country within a period of two months from the date of adoption order.

19.Follow-up of progress of adopted child by Non-Resident Indian, Overseas Citizens of India and foreign prospective adoptive parents.- (1) The Authorised Foreign Adoption Agency or the Central Authority or Indian diplomatic mission or Government department concerned, as the case may be, shall report the progress of the adopted child for two years from the date of arrival of the adopted child in the receiving country, on a quarterly basis during the first year and on six monthly basis in the second year, by uploading online in the Child Adoption Resource Information and Guidance System in the format provided in Schedule XII along with photographs of the child.

(2)On the basis of the progress report or in course of post-adoption home visits, if an adjustment problem of an adoptee with the adoptive parents comes to the notice of the Authorised Foreign Adoption Agency or Central Authority or the Government department concerned in the receiving country, necessary counseling shall be arranged for the adoptive parents and for the adoptee, wherever applicable.

(3)If it is found that the adoptee is unable to adjust in the adoptive family or that the continuance of the child in the adoptive family is not in the interest of the child, the Authorised Foreign Adoption Agency or Central Authority or the Government department in the receiving country or Indian diplomatic mission concerned, as the case may be, shall withdraw the child and provide necessary counseling and shall arrange for suitable alternate adoption or foster placement of the child in that country, in consultation with the Indian diplomatic mission and the Authority.

(4)In case of disruption or dissolution of adoption, the child shall be entitled to receive care, protection and rehabilitation through the child protection services of that country and as per Hague Adoption Convention for the Hague Adoption Convention ratified countries.

(5)The Authorised Foreign Adoption Agency or Central Authority or Government department concerned shall contact Indian diplomatic mission to render necessary help and facilitate the repatriation of the child, if required.

(6)The Authorised Foreign Adoption Agency or Central Authority or Government department concerned, may organise annual get-together of Indian adoptees and their adoptive parents and forward a report of the event to the Authority and the Indian diplomatic missions shall facilitate such get-togethers.

(7)The prospective adoptive parents shall furnish an undertaking to the effect that they would allow personal visits of the representative of Authorised Foreign Adoption Agency, the foreign Central Authority or Government department concerned, as the case may be, to ascertain the progress of the child with the adoptive parents or family at least for a period of two years from the date of arrival of the child in the receiving country.  

20.Adoption by Overseas Citizen of India or foreign national of Hague Adoption Convention ratified countries living in India.- (1) An Overseas Citizen of India or foreign national, who is a citizen of a country that has ratified the Hague Convention and is a habitual resident, shall apply for adoption online in prescribed format as specified in Schedule VI along with the required documents specified therein by uploading in the Child Adoption Resource Information and Guidance System.

(2)On receipt of the application, along with the required documents duly notarised, except those documents originating from India which may be self-attested, the Authority shall refer the case to a Specialised Adoption Agency for preparing the Home Study Report in the format given at Schedule VII and the Specialised Adoption Agency shall upload the Home Study Report in the Child Adoption Resource Information and Guidance System.

(3)The prospective adoptive parents may reserve one of the referred children within forty-eight hours and the procedures shall be followed as per the provisions of sub-regulations (9), (10), (12) and (13) of regulation 15 and regulations 16 to 19.

(4)The role of preparing Home Study Report and uploading progress report as required under these Regulations shall be done by the Specialised Adoption Agency concerned.

(5)The Specialised Adoption Agency shall report the progress of the child on six monthly basis for a period of two years from the date of pre-adoption foster care by uploading the details in the Child Adoption Resource Information and Guidance System as per the format provided at Schedule XII along with photographs of the child.

(6)If any adjustment problem of the adoptee with the adoptive parents comes to the notice of the Specialised Adoption Agency through the progress report or in the course of post-adoption home visits, counselling shall be arranged for the adoptive parents and the adoptee, wherever applicable.

(7)During the follow-up, if the Specialised Adoption Agency finds that the adoptee is unable to adjust in the adoptive family or the continuance of the adoptee in the adoptive family is not in the best interests of the child, the procedure as provided in sub-regulations (5), (6) and (7) of regulation 13 shall be followed.

(8)The diplomatic mission concerned shall also ensure that the adopted child acquires citizenship of the country of his parents immediately after adoption decree and a copy of the passport of the child from the country of the nationality of the prospective adoptive parents shall be forwarded to the Authority and the Specialised Adoption Agency concerned.

(9)An Overseas Citizen of India or foreign prospective adoptive parents living in India, are required to give an affidavit to the effect that they would allow personal visits of the representative by the Specialised Adoption Agency or District Child Protection Unit or State Adoption Resource Agency, as the case may be, for a period of at least two years from the date of adoption.

(10)An Overseas Citizen of India or foreign prospective adoptive parents living in India, as the case may be, shall give an undertaking to the effect that if they move out of India before completion of two years after adoption, they shall inform to the Authority about their movement, furnish their new address, and continue to send their post-adoption progress report to the Authority for the remaining period.

21.Adoption procedure in case of Overseas Citizen of India or foreign national of Hague Adoption Convention ratified countries living in India.- (1) If one of the prospective adoptive parents is foreigner and other is an Indian, such case shall be treated at par with Indians living in India.

(2)If both the prospective adoptive parents are foreigner, such case shall be treated in accordance with the provisions of regulation 20.

22.Procedure for adoption of a child from a foreign country by Indian citizens.- (1) Necessary formalities for adoption of a child from a foreign country by Indian citizens shall initially be completed in that country as per their law and procedure.

(2)On receiving Home Study Report of the prospective adoptive parents (including supporting documents), Child Study Report and Medical Examination Report of the child, the Authority shall issue the approval, as required in the cases of adoption of children coming to India as a receiving country under Articles 5 and 17 of the Hague Adoption Convention.

(3)A child adopted abroad by the Indian citizens, having a foreign passport, and requiring the Indian visa to come to India, shall apply for visa to the Indian mission in the country concerned, who may issue entry visa to the child after checking all the relevant documents so as to ensure that the adoption has been done following the due procedure.

(4)The immigration clearance for the child adopted abroad shall be obtained from the Central Government in the Foreigners’ Division, Ministry of Home Affairs, thr ough the Indian diplomatic mission to that country. 

CHAPTER V

RECOGNITION, INSPECTION AND FUNCTION OF ADOPTION AGENCIES

23.Recognition of Specialised Adoption Agency.- (1) Any Child Care Institution, intending to be recognised as Specialised Adoption Agency to place children in in-country and inter-country adoption, shall submit application as per Schedule XXVI, along with the following documents to the State Government concerned, namely:-

(a)a copy of the registration certificate under the Societies Registration Act, 1860 (21 of 1860), the Indian Trusts Act, 1882 (2 of 1882) or any other corresponding law for the time being in force;

(b)a copy of its Memorandum of Association, rules, regulations and bye-laws;

(c)a copy of the registration certificate as Child Care Institution;

(e)annual reports including audited accounts for the last three years;

(f)resolution by the agency supporting the decision for placing orphan, abandoned or surrendered children in adoption;

(g)undertaking of the chief functionary of the Child Care Institution in its letter head to abide by the relevant rules inforce in respective States and these Regulations;

(h)undertaking of the chief functionary of the Child Care Institution in its letter head to regularly update data on Child Adoption Resource Information and Guidance System and to have necessary facilities for the same;

(i)supporting documents indicating that the organisation has been engaged in child protection and welfare activities;

(j)list of children in the institution; and

(k)list of professional and child care staff.

(2)The State Government shall issue a certificate of recognition to a Child Care Institution as a Specialised Adoption Agency within three months from the date of application, if the Child Care Institution is found fit to be considered as a Specialised Adoption Agency, based upon inspection conducted for the purpose.

(3)If an organisation is not involved in institutional care but has the capacity and expertise to ensure quality non- institutional care for infants and young children through trained foster care givers on their panel, the State Government may also recognise such organisation as a Specialised Adoption Agency.

(4)The recognition to a Specialised Adoption Agency to place children both in in-country and inter-country adoption shall be for a period of five years, unless it is revoked earlier on the grounds as mentioned in regulation 25.

24. Criteria and procedure for renewal of recognition of Specialised Adoption Agency.- (1) The State Government shall take into consideration the following factors before renewal of recognition of a Specialised Adoption Agency, namely:-

(a)whether the Specialised Adoption Agency has satisfactorily performed in adoption placement;

(b)whether it has regularly updated data on Child Adoption Resource Information and Guidance System and meeting the timelines specified for Specialised Adoption Agency in these Regulations;

(c)whether it has followed the provisions of these regulations as also instructions issued by the State Government, State Adoption Resource Agency and the Authority in handling matters related to adoption;

(d)whether it indulged in any malpractice;

(e)whether it made proper utilisation of the adoption fee; and

(f)whether it maintains the standards of child care as provided in Schedule XIII.

(2)The Specialised Adoption Agency shall apply six months before the expiry of its recognition for renewal with the following documents and information, namely:-

(a)number of children restored to biological parents, relatives or guardians during the period of last recognition with details;

(b)number and details of children placed in in-country and inter-country adoption and details of post- adoptionfollow-up thereof during the period of last recognition;

(c)details of year wise receipt of adoption fee and its utilisation during the period of last recognition;    

(d)an affidavit declaring that it has been regularly updating the data on Child Adoption Resource Information and Guidance System; and

(e)an affidavit stating that it agrees to abide by these regulations as also the instructions issued by the State Government or State Adoption Resource Agency or the Authority from time to time.

(3)The recognition to a Specialised Adoption Agency shall be renewed by the State Government before the expiry of existing recognition, for a period of five years, if the Specialised Adoption Agency is found fulfilling the eligibility factors specified in sub-regulation (1) and furnishing the documents and information specified in sub- regulation (2), and on the basis of inspection conducted for the purpose.

(4)In case the Specialised Adoption Agency has applied for recognition or renewal with the State Government and the provisional registration certificate has not been issued by the State Government within one month from the date of application, the proof of receipt of application for registration shall be treated as provisional recognition to run the agency for a maximum period of six months.

(5)In case the renewal of recognition of a Specialised Adoption Agency is pending, all the pending adoption cases shall be allowed to proceed subject to all other provisions of these regulations being fulfilled.

25. Suspension or revocation of recognition of Specialised Adoption Agency.- (1) The State Government, shall act upon,suo-motu or on the recommendation of State Adoption Resource Agency or the Authority, either suspend or revoke the recognition granted to a Specialised Adoption Agency on any of the grounds specified in sub- regulation (2).

(2)The recognition of a Specialised Adoption Agency may be suspended on any one or more of the following grounds, namely:-

(a)violation of any of the provisions of these Act or the rules made thereunder, relating to adoption as well as these regulations;

(b)furnishing false information or forged documents to State Adoption Resource Agency or the State Government or the Authority or in Child Adoption Resource Information and Guidance System;

(c)incomplete or false information to prospective adoptive parents, Child Welfare Committee or District Child Protection Unit about the child or any adoption related process;

(d)failure to update data online in the Child Adoption Resource Information and Guidance System;

(e)failure to submit reports or data within the time limits specified in these regulations;

(f)adverse findings of the inspection team of the Central Government, the Authority, State Government or State Adoption Resource Agency concerned, regarding the functioning of the Specialised Adoption Agency;

(g)if professional social worker and qualified child care staff are not employed;

(h)financial irregularities or malpractices or receiving any donation whether in kind or cash from prospective adoptive parents or adoptive parents;

(i)misuse or diversion of adoption fee or grant received from the Government for the purposes other than the purposes for which they were received;

(j)unethical practices which may also include inducing single mothers or biological parents to relinquish their child or illegally sourcing the child;

(k)divulging information of biological mother or parents or adoptee to public in violation of the principles of confidentiality;

(l)non-compliance of instructions issued from time to time by the Authority, State Government concerned or the State Adoption Resource Agency; and

(m)abuse or neglect of children in the Specialised Adoption Agency.

(3)No order for suspension or revocation of authorisation shall be passed without giving an opportunity to the agency to offer its explanation.

(4)After suspension of recognition of a Specialised Adoption Agency, the State Government or the State Adoption Resource Agency concerned shall conduct necessary enquiries within a maximum period of six months, and if charges are proven, the State Government concerned shall revoke the recognition of the Specialised Adoption Agency.

(5)In case of revocation of recognition of a Specialised Adoption Agency, the State Government concerned shall prepare an alternate rehabilitation plan for the children in that home, including shifting them to another Specialised Adoption Agency, within thirty days.   

(6)In the event of suspension or revocation of recognition of the Specialised Adoption Agency, the cases where referrals have been accepted by the prospective adoptive parents shall be allowed to proceed for final adoption, subject to all other provisions of these regulations being fulfilled.

26.Inspection of Specialised Adoption Agencies.- (1) The State Government concerned shall inspect the Child Care Institution before considering its recognition or renewal as a Specialised Adoption Agency.

(2)The State Government or State Adoption Resource Agency concerned shall conduct annual inspections of Specialised Adoption Agencies to ensure that they are performing efficiently and as per norms laid down in these regulations and shall also take necessary remedial measures, wherever required.

(3)The premises of Specialised Adoption Agency including the places where the children are staying and its relevant records shall be open to inspection by the Central Government, the Authority, the State Government, State Adoption Resource Agency, Child Welfare Committee concerned and any other agency or person authorised by respective State Government and the format for inspection shall be as provided in Schedule XXV.

(4)Whenever inspection is conducted in a Specialised Adoption Agency, the following shall be scrutinised or examined, namely:-

(a)that the agency is discharging its role and performing its functions efficiently in accordance with the provisions of these regulations;

(b)that adoption, is being pursued by the organisation as a welfare activity in the interest of children, and not as a commercial activity;

(c)total number and details of children actually placed in in-country and inter-country adoption;

(d)records pertaining to adoptions of children, starting from their admission up to the legal adoption decree andfollow-up progress as well as the related registers;

(e)whether expeditious and sufficient efforts have been made by the Specialised Adoption Agency to place children in adoption;

(f)whether the agency has submitted annual reports, audited statements of accounts and monthly reports including the adoption data to the State Government or State Adoption Resource Agency concerned and the adoption data to the Authority regularly and within the stipulated time;

(g)whether the Specialised Adoption Agency is regularly updating data and reports in the Child Adoption Resource Information and Guidance System on time;

(h)whether the Specialised Adoption Agency is maintaining and providing quality child care facilities in the institution as provided under these regulations and the minimum standards of child care shall be as specified in Schedule XIII;

(i)financial records including receipt of fees paid by the prospective adoptive parents and utilisation of the adoption fee; and

(j)whether there is any instance of malpractice against the Specialised Adoption Agency.

27.Entitlement to grants under other Government notified schemes.- A Specialised Adoption Agency is entitled to receive grants-in-aid under other Government notified schemes, subject to the fulfillment of terms and conditions under such scheme.

28.Agencies to maintain accounts.- (1) The Specialised Adoption Agency shall utilise funds received as adoption fee in accordance with norms as may be prescribed by the Authority from time to time.

(2)The Specialised Adoption Agency shall maintain proper accounts including utilisation of adoption fee and Government grant under other Government notified schemes to be audited by a chartered accountant every year.

(3)An attested copy of the audited accounts of the organization alongwith its audit report, a copy of the annual report and report in accordance with the provisions of the Foreign Contribution (Regulation) Act (49 of 1976) shall be furnished by every Specialised Adoption Agency within six months from the date of closing of the financial year to State Adoption Resource Agency or the State Government concerned.

29.Functions of Specialised Adoption Agencies.- The Specialised Adoption Agency shall perform the following functions, in addition to those assigned to them under these regulations, to facilitate placement of orphan, abandoned and surrendered children in adoption, namely:-

(1)Function towards children: Every Specialised Adoption Agency shall:-

(a)be responsible for the care, protection and well-being of every child in its charge and shall cater to their health needs; emotional and psychological needs; educational and training needs; leisure and recreational activities; protection from any kind of abuse, neglect and exploitation; social mainstreaming and restoration or as the case may be and follow-up;

(b)report all cases of admissions, restorations, transfers, death and adoption of children, as well as about children missing from the institution, if any to the Child Welfare Committee, District Child Protection Unit, State Adoption Resource Agency and the Authority through Child Adoption Resource Information and Guidance System, designated portal for missing child and police;

(c)submit the status of every orphan, abandoned and surrendered child on the Child Adoption Resource Information and Guidance System, which is accessible on the website http://www.cara.nic.in;

(d)shall upload the certificate, issued by the Child Welfare Committee, declaring the child legally free for adoption in Child Adoption Resource Information and Guidance System within forty-eight hours from the receipt of such certificate;

(e)prepare the Child Study Report of all orphan, abandoned and surrendered children, through its social worker, and upload them in Child Adoption Resource Information and Guidance System, within seven days from the date such children are declared legally free for adoption by the Child Welfare Committee;

(f)arrange medical tests, as provided in Schedule IV, for all children admitted into its home and prepare the Medical Examination Report through its pediatrician or doctor for uploading the same in Child Adoption Resource Information and Guidance System, within seven days from the date such children are declared legally free for adoption by the Child Welfare Committee;

(g)prepare individual care plan for each child following the principle of the best interests of the child and the care options in the following order of preferences:-

(i)restoration to the biological family or legal guardian;

(ii)in-country adoption;

(iii)inter-country adoption;

(iv)foster care; and

(v)institutional care;

(h)create a memory album, which shall include a photo album of the child, history and details of the child’s life (details of surrendering parents not to be mentioned), and interests of the child, which shall be handed over to the adoptive family along with the medical history of the child at the time of handing over the child to the prospective adoptive parents in pre-adoption foster care;

(i)make efforts to place each child in adoption, who has been declared legally free for adoption by Child Welfare Committee;

(j)be responsible to complete referral process of a child to prospective adoptive parents and the legal procedure related to adoption as provided in these regulations;

(k)prepare every adoptable child psychologically for his assimilation with the adoptive family, wherever required;

(l)facilitate interaction of the child with prospective adoptive parents, wherever required;

(m)ensure that siblings and twins are placed in the same family, as far as possible;

(n)preserve adoption records in a manner, that such record is accessible to authorised persons only;

(o)facilitate root search by adoptees in the manner as mentioned in regulation 44.

(2)Functions towards biological parents: Every Specialised Adoption Agency shall:-

(a)treat biological parents of a surrendered child with respect and dignity throughout the surrender process;

(b)maintain confidentiality of unmarried mother and biological parents;

(c)counsel the surrendering parents and inform them about a possible root search, in future by their child;

(d)encourage the biological parents surrendering a child to provide maximum information about the background and development of the child as well as their own health;

(e)explain to the parents implication of surrendering their child including possibility of inter- country adoption;

(f)ensure that the consent for surrender and adoption is given by the parents without any coercion or monetary or material consideration;

(g)have no commitment or agreement with biological parents regarding adoption of a child prior to his birth;

(h)inform the parents that they would have a re-consideration period of sixty days from the date of surrender during which they may take back the child.

(3)Functions towards prospective adoptive parents: Every Specialised Adoption Agency shall:-

(a)treat prospective adoptive parents with respect and extend due courtesy, assistance and advice;

(b)facilitate registration of prospective adoptive parents in Child Adoption Resource Information and Guidance System in case they face any difficulty;

(c)counsel the prospective adoptive parents, through an authorised professional social worker or counsellor, to make them aware of the process of adoption and to ascertain the level of their preparedness for the same which include the following, namely:-

(i)acceptance of adoption as an alternative way of building their family;

(ii)preference for child to be adopted;

(iii)emotional readiness to adopt an unrelated child;

(iv)concerns about the social background of the child and genetic factors;

(v)attitude towards parenting and disciplining;

(vi)sharing the fact of adoption with the child, when the child grows up;

(viii)any other issue that might emerge during the interactions;

(d)complete the Home Study Report of prospective adoptive parents who have opted for the home study by them, within one month from the date of their registration and submission of required documents;

(e)continuously update the prospective adoptive parents of the current status and procedure to be followed during the entire adoption process after the child has been reserved by the prospective adoptive parents;

(f)provide video clips of the children to prospective adoptive parents and facilitate their video calls to children after referral;

(g)provide information to prospective adoptive parents about the medical history of the child and the health status of a special need child, if such a child is proposed for adoption;

(h)provide the immunisation record and recent diagnostic reports as well as any vital information relating to child including his food and social habits and memory album to the prospective adoptive parents;

(i)a copy of the adoption order from the court and the birth certificate or affidavit shall also be provided to the prospective adoptive parents as and when available;

(j)place a child in pre-adoption foster care on completion of referral and after observing necessary procedural formalities as laid down in these regulations;

(k)extend post adoption services including counselling to the prospective adoptive parents, if required;

(l)not receive any payment, other than as specified in the norms prescribed by the Authority from time to time;

(m)advise the prospective adoptive parents to contact adoptive families to understand the process of adoption.

(4)Functions relating to counseling: The functions of the Specialised Adoption Agency in respect of counselling shall include the following, namely:-

(a)counselling of biological parents in case of surrender;

(b)pre-adoption counselling of prospective adoptive parents during preparation of Home Study Report and matching process and linking them to the counseling center at the Authority or State Adoption Resource Agency or District Child Protection Unit, wherever required;

(c)counselling of older children before and during adoption;

(d)counselling of adoptive parents whenever required; and

(e)post-adoption counselling of the adoptees, when contacted by them in search of their roots.

(5)Every Specialised Adoption Agency shall set up at its own home to receive abandoned children and may set up cradle baby points at primary health care centers, hospitals, nursing homes, short-stay and Swadhar Homes for Women.

(6)Documentation and record keeping:

(a)The Child Adoption Resource Information and Guidance System web portal of the Authority shall be the database and registration system which shall be mandatorily used by all State Adoption Resource Authorities, District Child Protection Units, Specialised Adoption Agencies and Child Care Institutions for the purpose of adoption.  

(b)Every Specialised Adoption Agency shall prepare an individual care plan for each child, based on age and gender specific needs in respect of the following, namely:-

(i)health and medical needs;

(ii)emotional and psychological needs;

(iii)educational and training needs;

(iv)leisure, creativity and play;

(v)attachments and relationships;

(vi)protection from all forms of abuse, neglect and maltreatment;

(vii)rehabilitation including reunion with family, adoption and other non-institutional care;

(viii)social mainstreaming; and

(ix)follow-up after rehabilitation or restoration.

(c)Every Specialised Adoption Agency shall keep the following documents in the case file of each child, namely:-

(i)case history and social investigation report of the child;

(ii)interim care order as well as the order declaring the child legally free for adoption by the Child Welfare Committee and the Deed of Surrender in case of a relinquished child;

(iii)Child Study Report, Medical Examination Report and immunization record of the child;

(v)application form, documents and Home Study Report of the prospective adoptive parents;

(vii)post-placement progress reports of the child.

(d)Every Specialised Adoption Agency shall maintain the following records namely:-

(i)master admission register;

(ii)medical and development file of the child;

(iii)case file of the child;

(iv)attendance register of the children and staff;

(v)register of adopted children with details of adoptive parents (date of registration, date of Home Study Report, date(s) of referral of child or children, date of court order, date of handing over of the child to prospective adoptive parents, etc.);

(vi)vouchers, cashbook, ledger, journal and annual accounts;

(vii)grant and adoption fees receipt and utilization register;

(viii)stock register; and

(ix) record of minutes of meetings of the management committee and Adoption Committee (to be maintained separately).

(7)Other functions: Every Specialised Adoption Agency shall also:-

(a)organise training and orientation activities to spread awareness about adoption programme;

(b)train its childcare and professional staff about the procedures provided in the provision of these Regulations; and

(c)ensure that each case of inter-country adoption of prospective adoptive parents is disposed of within four months from the date of receipt of application with the assistance of Authorised Foreign Adoption Agency, Authority and State Agency as provided in sub-section (2) of section 62 of the Act.

30.Functions of Authorised Foreign Adoption Agency.- The Authorised Foreign Adoption Agency shall perform the following functions, namely:-

(1)register the prospective adoptive parents interested to adopt children from India and to complete their Home Study Report expeditiously;  

(2)upload attested copies of the adoption application of the prospective adoptive parents in the Child Adoption Resource Information and Guidance System and forward the original of the same to the allotted Specialised Adoption Agency;

(3)follow-up with Specialised Adoption Agency for ensuring early adoption after receipt of No Objection Certificate for the adoption from the Authority;

(4)give orientation to the prospective adoptive parents on culture, language and food of the place to which the adopted child belongs;

(5)ensure the submission of post-adoption follow-up of the progress of adopted children and to address the cases of disruption, as specified in regulation 19;

(6)arrange get-togethers of children of Indian origin and their adoptive families from time to time with the involvement of the Indian diplomatic mission concerned;

(7)facilitate root search by older adoptees; and

(8)fulfill the legal requirements of the host country as well as the terms and conditions of the authorisation given by the Authority.

31.Criteria and procedure for authorisation of foreign agencies.- (1) A foreign adoption agency desirous of sponsoring applications of foreign adoptive parents for adopting an Indian child shall make an application to the Authority along with the recommendation of the Central Authority or Government department concerned of that country, through the Indian diplomatic mission.

(2)The authorisation to foreign adoption agency may be given by the Authority for a maximum period of five years and the documents required to be attached with the application shall be as under:-

(a)memorandum or bye-laws, copies of registration status, latest license issued by the Government department concerned to undertake international adoptions, list of board or executive members, list of countries it is working with, accreditation certificate and its annual reports or financial statements for last two years;

(b)an undertaking signed by the head or chief executive of the organisation stating that the agency will abide by the provisions of these regulations;

(c)an undertaking by the agency that in case of disruption or repatriation of the adopted children, it shall abide by the specific provisions laid down in these regulations;

(d)an undertaking by the agency to send an annual report to the Authority in the month of April every year on the status of children placed in adoption from India;

(e)copy of adoption law or adoption regulations or adoption rules of their country;

(f)a list of staff of the agency, recommendation or authorisation from the Central Authority or competent authority to work with India;

(g)recommendation letter from Indian diplomatic mission abroad and the Central Authority or Government department of the receiving country.

(3)The Authorised Foreign Adoption Agency is required to apply for renewal of its authorisation, ninety days prior to expiry of its authorisation, as per the procedure given at sub-regulations (1) and (2) alongwith the following details, namely:-

(a)list of children placed in adoption through the Authorised Foreign Adoption Agency alongwith their citizenship status; and

(b)disruption, if any.

(4)In case an Authorised Foreign Adoption Agency requires to appoint a representative in India for facilitating its adoption cases, it shall obtain prior approval of the Authority.

32.Suspension or revocation of authorisation.- The grounds of suspension or revocation of the authorisation of an Authorised Foreign Adoption Agency shall be as follows:-

(1)if the agency violates or fails to abide by the provisions of these regulations;

(2)if the license or recognition or accreditation of the agency is suspended or revoked by the appropriate authority of that country;

(3)if the agency fails to upload adoption applications or the post-adoption follow-up reports in the Child Adoption Resource Information and Guidance System from time to time.

CHAPTER VI

FUNCTIONS OF GOVERNMENT ORGANISATIONS AND AUTHORITY

33.Roles of State Government and State Adoption Resource Agency.-

(1)Structure of State Adoption Resource Agency:

(a)The State Government shall set up a State Adoption Resource Agency for dealing with adoptions and related matters in the State under the guidance of Authority, as per the provisions of section 67 of the Act.

(b)The existing State Adoption Resource Agencies shall be deemed to be set up under the Act.

(c)The State Adoption Resource Agency shall be headed by Principal Secretary or Secretary of the department of the State Government dealing with adoption and the Governing Body of the agency shall have following members:-

(i)Director of the department of the State Government dealing with adoption who shall be the Member Secretary;

(iii)Chairperson of a Child Welfare Committee;

(iv)representative of a Specialised Adoption Agency;

(vi)one member from the State Legal Services Authority.

(d)The Governing Body shall meet as frequently as required and at least once in every quarter to review the progress of adoption work and to address the operational as well as logistic issues and bottlenecks in the adoption process or system in the State.

(e)The authorities dealing with issuance of birth certificate, passport and other related matters may be invited as special invitees to attend the meetings of the State Adoption Resource Agency.

(f)The State Government shall provide adequate staff, infrastructure and communication facilities to State Adoption Resource Agency for efficient performance of its functions.

(2)Functions of State Adoption Resource Agency: The State Adoption Resource Agency shall function as the executive arm of the State Government for promotion, facilitation, monitoring and regulation of the adoption programme in the State, and its functions shall include to:-

(a)recommend for recognition to one or more of the Child Care Institutions as Specialised Adoption Agencies in each district;

(b)publish the contact details of Specialised Adoption Agency in the State at least once in a year;

(c)recommend renewal of recognition to Specialised Adoption Agency every five years subject to satisfactory performance;

(d)conduct meetings of Specialised Adoption Agencies on quarterly basis for addressing issues related to adoption and uploading the minutes of such meetings in the Child Adoption Resource Information and Guidance System;

(e)inspect and monitor adoption programme and activities of all Specialised Adoption Agencies within its jurisdiction;

(f)identify Child Care Institutions which are not recognised as Specialised Adoption Agencies and link them to Specialised Adoption Agencies for enabling and facilitating adoption of eligible children in such institutions, in pursuance of the provisions under section 66 of the Act;

(g)enforce standards and measures for the adoption of orphan, abandoned and surrendered children, as envisaged under the Act or the rules made thereunder and these regulations;

(h)identify Specialised Adoption Agencies or Child Care Institutions which have the capacity to provide quality care and treatment on a long term basis to special need children including children affected or infected by HIV/AIDS and mentally or physically challenged children, and facilitate transfer of such children to these agencies;

(i)expedite de-institutionalisation of children through adoption and other non-institutional alternatives;

(j)take measures that are required for expansion of the adoption programme in the State, such as, strengthening the knowledge base, research and documentation, strengthening child tracking system, training and capacity building activities, publicity and awareness activities, advocacy and communication, monitoring and evaluation;

(k)validate the data furnished online in the Child Adoption Resource Information and Guidance Systemby the Child Welfare Committees in the State, in pursuance of the provisions of sub section (5) of section 38 of the Act;

(l)ensure furnishing of correct adoption data and documents in the Child Adoption Resource Information and Guidance System by the Specialised Adoption Agency, in the format and periodicity as specified in these regulations and validating the same;

(m)furnish or update in the Child Adoption Resource Information and Guidance System, the profile of the Specialised Adoption Agency as required under sub section (2) of section 65 of the Act;

(n)update the contact details of the District Child Protection Units, Child Welfare Committees and State Adoption Resource Agency online in the Child Adoption Resource Information and Guidance Systemon regular basis;

(o)maintain a State-specific database in Child Adoption Resource Information and Guidance System of adoptable children, prospective adoptive parents, children given in in-country and inter-country adoptions;

(p)ensure that all adoption placements in the State are done in accordance with the relevant provisions of the Act, rules made there under and these regulations;

(q)maintain a panel of professionally qualified or trained social workers and set up a counselling centre with the support of Authority at State-level to assist District Child Protection Unit, Specialised Adoption Agency or Child Care Institution, wherever required, for:-

(i)counselling and preparation of the Home Study Report of the prospective adoptive parents;

(ii)preparation of the Child Study Report and counselling of older children, wherever required;

(iii)preparing post-adoption follow-up report, wherever required;

(iv)preparing family background report in cases of inter-country relative adoptions;

(v)post adoption counselling to adopted children and adoptive parents;

(vi)assisting and counselling older adoptees in root search.

(r)carry out such other functions as assigned by the Authority from time to time.

(3)The State Government shall take appropriate action on the receipt of a complaint or suo-motu, in the cases of violation of the provisions under section 32, sub-sections (1) and (5) of section 41, sub-section (4) of 65, 80 and 81 of the Act, after giving due opportunity to the defaulting agency or institution or functionary.

34.District Child Protection Unit.- In addition to the functions as envisaged in the Act and rules made thereunder, as well as under other Government notified schemes, the District Child Protection Unit shall:-

(1)identify orphan, abandoned and surrendered children in the district and get them declared legally free for adoption by Child Welfare Committee with the help of Specialised Adoption Agency or Child Care Institution, wherever required;

(2)ensure that the Child Study Report and Medical Examination Report are uploaded in the Child Adoption Resource Information and Guidance System by the Specialised Adoption Agency within ten days from the date a child is declared legally free for adoption;

(3)facilitate the linkage of Child Care Institution with Specialised Adoption Agency in the same or other districts to facilitate adoption;

(4)track the progress of adoption of each child declared legally free for adoption and take necessary actions for expediting the case, wherever required;

(5)track the progress of application of each Prospective Adoptive Parent registered in Child Adoption Resource Information and Guidance System for adopting a child or children from the district and take necessary actions for expediting the case wherever required;

(6)maintain a panel of professionally qualified or trained social workers and set up counseling centre with support of State Adoption Resource Agency or the Authority to assist Specialised Adoption Agency or Child Care Institution, wherever required, for:-

(a)counselling and preparation of the Home Study Report of the prospective adoptive parents;

(b)preparation of the Child Study Report and counselling of older children;

(c)preparing post-adoption follow-up report;

(d)preparing family background report in cases of inter-country relative adoptions;

(e)post adoption counselling to adopted children and adoptive parents; and

(f)assisting and counselling of older adoptees in root search;

(7)supervise and monitor adoption programme in the district;

(8)ensure that data is being updated by Specialised Adoption Agency in the Child Adoption Resource Information and Guidance System on time and in correct manner;

(9)assist State Adoption Resource Agency and the Authority in all matters related to adoption;

(10)assist the Child Welfare Committee in the restoration effort and in completing the process for declaring the abandoned children legally free for adoption, including publishing information of the child in the newspaper, obtaining the social investigation report from the probation officer and non-traceable report from police with the help of Specialised Adoption Agency, wherever required;

(11)upload the certificate of Child Welfare Committee declaring children legally free for adoption in Child Adoption Resource Information and Guidance System;

(12)District Child Protection Unit shall update adoption related information on Child Adoption Resource Information and Guidance System, as specified in Schedule XVI and XVII or as given in the format online by the Authority.

35.Child Welfare Committee.- The Child Welfare Committee shall take actions as provided in regulations 6 and 7.

36.Birth certificate issuing authority.- The local registrar notified under the Registration of Births and Deaths Act, 1969 (18 of 1969) shall issue birth certificate within five working days in favour of an adopted child on an application filed by the Specialised Adoption Agency or adoptive parents, incorporating the names of the adoptive parents as parents and the date of birth of the child as mentioned in the adoption order of the court, in accordance with circulars issued from time to time by the Registrar General of India.

37.Central Adoption Resource Authority.- The Authority shall perform the following functions, in addition to the functions specified in section 68 (1) of the Act, namely:-

(1)monitor and regulate the procedure for in-country adoption;

(2)receive applications of an Non-Resident Indian or Overseas Citizens of India or a foreigner living abroad through authorised adoption agency or Central Authority or the Government department or the Indian diplomatic mission concerned and process the same in terms of section 59 (5) of the Act;

(3)receive and process applications received from a foreigner or an Overseas Citizen of India residing in India for one year or more, and who is interested in adopting a child from India in terms of sub-section (12) of section 59

(12)of the Act;

(4)issue No Objection Certificate in all cases of inter-country adoptions;

(5)issue Conformity Certificate in the inter-country adoption cases under Article 23 of the Hague Adoption Convention in respect of inter-country adoption;

(6)intimate the immigration authorities of India and the receiving country of the child about the inter-country adoption cases;

(7)provide support and guidance to State Adoption Resource Agencies, District Child Protection Units, Specialised Adoption Agencies and other stakeholders of adoption in related matters, through trainings, workshops, exposure visits, consultations, conferences, seminars and other capacity building programmes;

(8)coordinate with State Governments or the State Adoption Resource Agencies and advise them in adoption related matters;

(a)adoption procedure related to orphan, abandoned and surrendered children and also related to relative adoptions;

(b)quality child care standards in Specialised Adoption Agency and Child Care Institution;

(c)monitoring and supervision of service providers;

(d)standardization of documents in cases of adoptions; and

(e)safeguards and ethical practices including online applications for facilitating hassle-free adoptions;

(10)conduct research, documentation and publication on adoption and related matters;

(11)maintain a comprehensive centralised database relating to children and prospective adoptive parents for the purpose of adoption in Child Adoption Resource Information and Guidance System;  

(12)maintain a confidential centralised database relating to children placed in adoption and adoptive parents in the Child Adoption Resource Information and Guidance System;

(13)carry out advocacy, awareness and information, education and communication activities for promoting adoption and other non-institutional child care services either by itself or through its associated bodies;

(14)enter into bilateral agreements with foreign Central Authorities as prescribed under the Hague Adoption Convention, wherever necessary;

(15)authorise foreign adoption agencies to sponsor applications of Non-Resident Indian (NRI) or Overseas Citizen of India or foreign prospective adoptive parents for inter-country adoption of Indian children;

(16)set-up counselling Centre in its Head Quarters and support State Adoption Resource Agencies for setting-up of counseling centre at State and District level for:-

(a)counselling of the prospective adoptive parents;

(b)counseling of older children, wherever required;

(c)preparing post-adoption follow-up report, wherever required;

(d)post adoption counselling of adopted children and adoptive parents; and

(e)assisting and counselling of older adoptees in root search.

38.Regional passport officer.- Based upon an application made along with required documents, pursuant to the adoption order issued by the court, the regional passport officer shall issue a passport to an adopted child within ten days from the date of receipt of such application, in accordance with circulars issued by the Central Government in the Ministry of External Affairs regarding issuance of passport to inter-country adopted children, from time to time.

39.Foreigner regional registration office.- Foreigner regional registration office may exempt issue of exit visa to the adopted child travelling out of the country having No Objection Certificate and Conformity Certificate (required only in cases of Hague Adoption Convention ratified countries) from the Authority and adoption order from the competent court.

40.Role of Indian diplomatic missions in inter-country adoption.- Indian diplomatic missions abroad shall have the following role in inter-country adoption of Indian children, namely:-

(1)liaise with Central or public authorities concerned to ensure safeguards of children of Indian origin adopted byNon-Resident Indian, Overseas Citizen of India or foreign parents against neglect, maltreatment, exploitation or abuse;

(2)interact with the authorised foreign adoption agencies and Central Authorities within their jurisdiction and organise or participate in the get-togethers of the adopted children and their parents;

(3)recommend proposals for authorisation of foreign adoption agencies for the purpose of sponsoring applications for adoption of Indian children;

(4)issue visa to foreign prospective adoptive parents who wish to see a child in person at a Specialised Adoption Agency in India, before accepting him for adoption, after their adoption application is approved by the Authority, and also for attending the court proceedings as well as for receiving the child thereafter;

(5)empanel and authorise social workers to complete adoption application formalities including Home Study Report in a foreign country, where there is no Authorised Foreign Adoption Agency or a Government department to deal with adoption;

(6)register the adoption applications of Non-Residence Indian Prospective Adoptive Parents or Overseas Citizen of India in Child Adoption Resource Information and Guidance System alongwith requisite documents as specified in Schedule VI and upload post-adoption follow-up reports as in regulation 19;

(7)the Indian diplomatic mission processing the adoption application, either directly or through the authorised organization, shall send progress report of the child on quarterly basis in the first year and on six monthly basis in the second year, from the date of arrival of the child in the receiving country and in case of disruption of adoption, shall take actions as provided in regulation19;

(8)contact the Central Authority or other authorities in the receiving countries to ensure safeguards of children of Indian origin adopted by Non-Resident Indian or Overseas Citizen of India or foreign parents and in case of disruption of adoption, a report in this regard shall also be sent to the Authority at the earliest;

(9)render necessary help and facilitate the repatriation of the child in case required, in consultation with the local authorities, adoption agency concerned and the Authority;

(10)facilitate root search by an adoptee of Indian origin, if contacted; and

(11)communicate any report or observation, which it may consider as important and relevant in the matter of inter- country adoptions to the Authority. 

CHAPTER VII

MISCELLANEOUS PROVISIONS

41. Seniority of the prospective adoptive parents.- (1) The prospective adoptive parents shall be referred children on the basis of a single seniority list, which shall be maintained from the date of registration and other criteria as stipulated under these regulations.

(2)The seniority of resident Indians shall be based on the date of online registration and submission of the documents, except for Home Study Report, in Child Adoption Resource Information and Guidance System.

(3)The seniority of Non Resident Indian or Overseas Citizen of India or foreign prospective adoptive parents shall be based on the date of online registration and submission of the requisite documents alongwith Home Study Report in Child Adoption Resource Information and Guidance System.

(4)Prospective adoptive parents shall be allowed to change the State preference once within sixty days from the date of registration and in case they change the State preference after sixty days from the date of registration, they shall be placed at the bottom of the seniority list in the changed State.

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

(6)Prospective adoptive parents registered for normal child, shall be able to adopt a special need child or hard to place child with the same registration.

42.Adoption by Indian parents residing in countries which are not signatory to Hague Adoption Convention.-

(1)In a situation where one of the Indian parents is residing in India and the spouse is working in a country which is not signatory to the Hague Adoption Convention on temporary work permit, the parents have to decide the place where they have to conduct their home study and for such purpose, they have to be together, either within the country or abroad.

(2)In case Indian prospective adoptive parents desire to initiate the process in a country which is not signatory to the Hague Convention, the Indian Mission may conduct the home study and facilitate adoption process including uploading of Home Study Report and post-adoption follow-up report on Child Adoption Resource Information and Guidance System.

(3)For adoption by prospective adoptive parents residing in a country which is not signatory to the Hague Convention, the prospective adoptive parents have to provide documents as stipulated in Schedule VI.

43.Adherence to time line.- All agencies and authorities involved in the adoption process shall adhere to the time limits as specified in Schedule XIV.

44.Root search.- (1) In case of an orphan or abandoned child, information about his adoption, including the source and circumstances in which the child was admitted into the Specialised Adoption Agency, as well as the process followed for his adoption, may be disclosed to the adoptee by the Specialised Adoption Agency or the Child Welfare Committee, as the case may be.

(2)In cases of root search by older adoptees, the agencies or authorities concerned (Authorised Foreign Adoption Agency, Central Authority, Indian diplomatic mission, Authority, State Adoption Resource Agency or District Child Protection Unit or Specialised Adoption Agency), whenever contacted by any adoptee, shall facilitate his root search.

(3)Persons above eighteen years can apply independently online while children below eighteen years shall apply jointly with their adoptive parents to the Authority seeking facilitation of root search.

(4)If the biological parents, at the time of surrender of the child, have specifically requested anonymity, then the consent in writing of the biological parent(s) shall be taken by the Specialised Adoption Agency or Child Welfare Committee, as the case may be, before divulging information.

(5)In case of denial by the biological parents or the parents are not traceable in surrendered cases, the reasons and the circumstances under which the information is not being made available shall be disclosed to the adoptee.

(6)A root search by a third party shall not be permitted and the agencies or authorities concerned shall not make any information public relating to biological parents, adoptive parents or adopted child.

(7)The right of an adopted child shall not infringe the right to privacy of the biological parents.

45.Confidentiality of adoption records.- All agencies or authorities involved in the adoption process shall ensure that confidentiality of adoption records is maintained, except as permitted under any other law for the time being in force and for such purpose, the adoption court order may not be displayed in any public portal.

46.Adoption fees.- (1) The prospective adoptive parents shall bear the expenses for adoption, as prescribed by the Authority from time to time.

(2)The Specialised Adoption Agency and the Authority may receive adoption fee from the prospective adoptive parents and utilise the funds in accordance with norms prescribed by the Authority from time to time.

(3)The Specialised Adoption Agency is not permitted to accept any donation in cash or kind, directly or indirectly, from the prospective adoptive parents for adoption of a child.

47.Reporting of adoptions by Specialised Adoption Agency.- The Specialised Adoption Agency shall update data on Child Adoption Resource Information and Guidance System on weekly basis and also send quarterly report in the format given at Schedule XV to State Adoption Resource Agency in first week of every quarter, for onward submission to the Authority.

48.Adoption of children with special needs.- (1) The adoption process for children with special needs shall be completed as expeditiously as possible by the agencies or authorities concerned, who shall be available for adoption by resident Indians and Non-Resident Indians from the date they are declared legally free for adoption by the Child Welfare Committee:

Provided that such children with special need shall be available for adoption by Overseas Citizen of India or foreign adoptive parents, after fifteen days from the date they are declared legally free for adoption.

(2)Special care shall be taken while processing the cases for adoption of children with special needs, so that the prospective adoptive parents are aware of exact medical condition of the child and are ready to provide extra care and attention that the child needs.

(3)The types of children with special needs are available in Schedule XVIII, which is illustrative and not exhaustive; the same may also be accessed from http://www.cara.nic.in, and the decision of the Authority shall be final in this regard.

(4)The children with special needs who were not adopted shall be provided due care and protection by the Specialised Adoption Agency and if they do not have necessary facilities and the means for their long term care, such children shall be shifted to any other specialised institutions run by any Government or non-Government organisation.

49.Adoption of older children and siblings.- (1) Since it takes time for an older child to adjust with unrelated parents, it is important that the child and the prospective adoptive parents are made familiar to each other, before leaving the institution.

(2)Under the guidance of Specialised Adoption Agency or Authorised Foreign Adoption Agency, the prospective adoptive parents may have interactions with older children through video calls or by any other means, even before taking custody and the prospective adoptive parents may be encouraged to spend some quality time with the child before leaving the institution.

(3)The siblings and older children shall be deemed to be available for adoption by resident Indians and Non- Resident Indians (both the couple being Indian citizens) from the date they are declared legally free for adoption by the Child Welfare Committee and they shall be available for adoption by other categories of prospective adoptive parents after thirty days from the date they are declared legally free for adoption.

Explanation:- For the purposes of this regulation, a child, who has completed five years of age, shall be considered as an older child.

50.Adoption of hard to place children.- Over and above the efforts made under regulations 8, 48 and 49, the Authority with the approval of its Steering Committee, may make additional efforts for adoption of hard to place children, who are not getting any referral for long time, through Child Adoption Resource Information and Guidance System.

51.In-country relative adoptions.- (1) The prospective adoptive parents shall register in Child Adoption Resource Information and Guidance System and follow due legal procedure as provided in regulation 55.

(2)Consent of biological parents or permission of the Child Welfare Committee, as the case may be, shall be required as provided in Schedule XIX or Schedule XXII respectively.

(3)The consent of the child shall be obtained, if he is five years of age or above.

(4)Affidavit of adoptive parent(s) is required in cases of in-country relative adoptions in support of their financial and social status as per Schedule XXIV.

(5)The prospective adoptive parents shall file an application in the competent court as provided in Schedule XXX.

52.Adoption by step-parent.- (1) The couple (step-parent and one of the biological parents) shall register in Child Adoption Resource Information and Guidance System with the required documents as mentioned in Schedule VI.

(2)Consent of the biological parent(s) and the step-parent adopting the child or children shall be as provided in the Schedule XX (refer instructions in Schedule XX).

(3)In case the custody of the child is under litigation, the adoption process shall be initiated only after the finalisation of the case by the court concerned.

(4)The biological parent and the step-parent shall file an application in the Family Court or District Court or City Civil Court as the case may be, as per format given at Schedule XXXII.

(5)The applicants shall obtain a certified copy of the adoption order from the court concerned and furnish a copy of the same online to the Authority through Child Adoption Resource Information and Guidance System.

53.Inter-country relative adoptions.- (1) A Non-Resident Indian or an Overseas Citizen of India, interested to adopt a relative’s child, may approach an Authorised Foreign Adoption Agency or the Central Authority in the country of residence for preparation of their Home Study Report and for online registration in Child Adoption Resource Information and Guidance System.

(2)In case there is no Authorised Foreign Adoption Agency or Central Authority in their country of residence, then the prospective adoptive parents interested to adopt a relative’s child shall approach the Government departmentconcerned or Indian diplomatic mission (in cases of Indian citizens) in that country.

(3)The Authorised Foreign Adoption Agency or Central Authority or the department concerned or the Indian diplomatic mission (in cases of Indian citizens), as the case may be, on completion of the Home Study Report, shall register the application of the prospective adoptive parents in Child Adoption Resource Information and Guidance System along with the required documents as mentioned in Schedule VI.

(4)Any person, who takes or sends a child to a foreign country or takes part in any arrangement for transferring the care and custody of a child to another person in a foreign country without a valid order from the competent Court, shall be punishable as per the provisions of section 80 of the Act.

54.Prior approval for inter-country relative adoption from Authority.-

(1)On receipt of all requisite documents on Child Adoption Resource Information and Guidance System, the Authority shall forward the same to District Child Protection Unit for obtaining family background report of the child proposed for adoption, as provided in Schedule XXI.

(2)The District Child Protection Unit shall get the family background report conducted by its social worker and for this purpose, it can charge a fee as stipulated in the norms prescribed by the Authority from time to time.

(3)District Child Protection Unit shall forward a copy of the family background report of the child and the biological family to the Authority for onward submission to Authorised Foreign Adoption Agency or Central Authority or Indian Mission abroad.

(4)On receiving family background report of the relative’s child, the Authority shall forward the same to the receiving country as required under Articles 15 and 16 of the Hague Adoption Convention along with a pre- approval letter supporting the proposed adoption.

(5)The Authorised Foreign Adoption Agency or Central Authority, on receiving requisite documents as stipulated in sub regulation (3), shall arrange to forward a certificate under Article 5 or Article 17 of the Hague Adoption Convention to the Authority.

(6)In case of countries which are not signatories to Hague Adoption Convention, in respect of Indian citizens, family background report of the relative’s child and prior approval letter from the Authority shall be forwarded to the Indian Mission of that country which will issue a recommendation letter to the Authority.

55.Legal Procedure.- (1) The prospective adoptive parents, who intend to adopt the child of a relative as defined insub-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.

56.No Objection Certificate of Authority.- In case of all inter-country adoptions, the Authority shall issue No Objection Certificate in favour of the adoption of the child within ten days from the date of receipt of adoption order forwarded by the District Child Protection Unit and a copy of the same shall be forwarded to the Authorised Foreign Adoption Agency or Central Authority concerned.

57.Issue of Conformity Certificate.- The Authority shall issue a Conformity Certificate under Article 23 of the Hague Adoption Convention in the format provided in Schedule X within three working days from the date of availability of the adoption order in the Child Adoption Resource Information and Guidance System, in case the receiving country of the adopted child is a Hague Adoption Convention signatory.

58.Child Care Institution and its linkage with Specialised Adoption Agency.- (1) All Child Care Institutions registered under this Act, which may not have been recognised as Specialised Adoption Agencies, shall ensure that all orphan or abandoned or surrendered children under their care and protection are reported, produced and declared legally free for adoption, by the Child Welfare Committee as per the provisions of section 32, sub- section (2) of section 38 and sub section (1) of section 66 of the Act and the procedure laid down in these regulations.

(2)Such report shall include the name (if known), gender, date of birth (if known) or age, photograph and health condition of the child, language spoken by the child (if any), address or source (wherever known) and the manner and circumstances in which the child was brought and admitted to the institution.

(3)The District Child Protection Unit concerned shall render all necessary assistance to the Child Care Institution concerned in getting an orphan, abandoned or surrendered child declared legally free for adoption as per the procedure and time frame stipulated under the provisions of the Act, rules framed thereunder and these regulations.

(4)The District Child Protection Unit shall be responsible for linking the Child Care Institution where adoptable children have been identified with Specialised Adoption Agency.

(5)If the Child Care Institution is located in the same district:-

(a)the Specialised Adoption Agency shall complete the documentation and formalities required for the adoption of an orphan, abandoned or surrendered child including preparation of Child Study Report and Medical Examination Report of the child as per Schedule II and III respectively; and

(b)the Specialised Adoption Agency shall upload the profile of the child in Child Adoption Resource Information and Guidance System, which includes photograph, Child Study Report, Medical Examination Report of the child and certificate from Child Welfare Committee declaring the child legally free for adoption.

(6)In case the Child Care Institution and the Specialised Adoption Agency are not located in the same district:-

(a)the District Child Protection Unit shall conduct Child Study Report through a social worker and Medical Examination Report of the child as per Schedule II and III respectively;

(b)the District Child Protection Unit shall upload the profile of the child in Child Adoption Resource Information and Guidance System, which includes photograph, Child Study Report, Medical Examination Report of the child and certificate from Child Welfare Committee declaring the child legally free for adoption; and

(c)once documents of children are uploaded in Child Adoption Resource Information and Guidance System, the linked Specialised Adoption Agency shall access information of such children for facilitating their adoption as per the provisions of these regulations.

(7)In case there is more than one Specialised Adoption Agency in the district for linking the Child Care Institution, the distance between the two, the needs of the child and the capacity of the Specialised Adoption Agency shall be taken into consideration.

(8)The Adoption Committee shall include:-

(a)adoption in-charge or social worker of the Specialised Adoption Agency;

(b)paediatrician or visiting doctor of the Child Care Institution;

(c)official from the District Child Protection Unit of the district where Child Care Institution is located; and

(d)representative of the Child Care Institution.

(9)In all such adoption cases, adoption petition shall be filed in the competent court by the Specialised Adoption Agency, making the Child Care Institution as a co-petitioner.

(10)In case the child is from a Child Care Institution which is located in another district, the Specialised Adoption Agency shall file the adoption petition in the court concerned of either of the districts.

(11)The adoption fee shall be shared between Specialised Adoption Agency and Child Care Institution in the ratio as may be prescribed by the Authority.

(12)The Specialised Adoption Agency concerned shall obtain a certified copy of the adoption order from the court and furnish a copy of the same to the prospective adoptive parents, Child Care Institution, District Child Protection Unit and upload it in Child Adoption Resource Information and Guidance System.

(13)The State Adoption Resource Agency or District Child Protection Unit shall as far as possible, provide training to Child Care Institutions to enable them to become well-equipped Specialised Adoption Agencies.

59.Appeal to Authority.- (1) Any prospective adoptive parents or child or any person on his behalf, aggrieved due tonon-selection for adoption because of the opinion of Specialised Adoption Agency or issues related to eligibility of the prospective adoptive parents or of the child to be adopted or regarding the documentation relating to the prospective adoptive parents or the child, such as, Home Study Report or health status of the prospective adoptive parents, the Child Study Report and Medical Examination Report, may approach the Authority.

(2)The application referred to in sub-regulation (1) shall be made by the aggrieved within seven days from the date of opinion or decision.

(3)The decision of the Authority shall be taken by a committee constituted by the Chairperson of its Steering Committee.

(4)The Authority shall take decision on the application within thirty days from the date of receipt of the application and the same shall be communicated to the applicant in writing within three working days of the decision.

(5)The decision of the Authority shall be binding on all concerned.

(6)The Authority may decide, on the merits of each case, whether the child concerned can be blocked from further referral to any other prospective adoptive parents for adoption.

60.Power to relax and interpretation.- (1) The power of relaxation and grant exception to any provision of these regulations in respect of a case or class of cases shall be vested with the Relaxation Committee of the Authority.

(2)Relaxation Committee of the Authority shall be chaired by the chairperson of Steering Committee of the Authority and two members consisting of its Chief Executive Officer and a member of Steering Committee having experience in law as members.

(3)No decision of the Relaxation Committee of the Authority shall ordinarily have the effect of altering the seniority of any prospective adoptive parents unless reasons are recorded in writing and the primary consideration being the best interests of the child.

(4)In case of any ambiguity in interpretation of any of the provisions of these regulations, the decision of the Authority shall prevail.

SCHEDULE I

[See regulations 2 (5), 6 (13) and 7 (17)]

CERTIFICATE DECLARING THE CHILD LEGALLY FREE FOR ADOPTION

1.In exercise of the powers vested in the Child Welfare Committee………………….under section 38 of the

Inquiry report of the Probation Officer/ Child Welfare Officer / Social Worker / Case Worker/any other (as the case may be);

Deed of surrender executed by the biological parent(s) or the legal guardian of the child before this Committee on (date);

Declaration submitted by District Child Protection Unit and the Child Care Institution or Specialized Adoption Agency concerned to the effect that they have made restoration efforts as required under sub section (1) of section 40 of the Act, the rules framed thereunder and the Adoption Regulations, but, nobody has approached them for claiming the child as biological parents or legal guardian as on date of the said declaration.

Consent of older child, in case applicable.

2.This is to certify that:

The biological parent(s)/legal guardian, wherever available, has/have been counselled and duly informed of the effects of their consent including the placement of the child or children in adoption which would result in the termination of the legal relationship between the child and his or her family of origin.

The biological parents/legal guardian have given their consent freely, in the required form, and the consent have not been induced by payment or compensation of any kind and the consent of the mother (where applicable), has been given only after the birth of the child.

The Specialized Adoption Agency/Child Care Institution to which the aforesaid child is entrusted shall arrange to post the photograph and other essential details of the child in the Child Adoption Resource Information and Guidance System and shall place such child in adoption as per the procedure laid down in the Act and Adoption Regulations.

[Note: strike out the box(es) which are not relevant to the case]

[Note: Only one certificate may be issued in case of siblings or twins stating the relationship.]

[Note: To facilitate adoption in the best interest of the child, the Specialized Adoption Agency or District Child Protection Unit concerned, as the case may be, is permitted to post the profile of the child, including photograph, Child Study Report, Medical Examination Report and this certificate in the Child Adoption Resource Information and Guidance System]

Photograph of the child

SCHEDULE II

[See regulations 2(6), 6(15), 7(18), 58(5)(a) and 58(6)(a)] CHILD STUDY REPORT

Child Adoption Resource Information and Guidance System (CARINGS)

Registration No:

Aadhar Card No:

Name of the Specialised Adoption Agency (SAA)/Child Care Institution (CCI):

The detailed report on the child shall include identifying information supported by documents. Child Study Report should be prepared as soon as the child is declared legally free for adoption by the Child Welfare Committee.

Photograph of

the child

Name and address of the Institution:-

I.GENERAL INFORMATION:

1.Name of the Child. ———————- (given by biological mother or parents or by the Specialised Adoption Agency/Child Care Institution or Child Welfare Committee)

2.Present age and date of birth:

4.Sex:

5.Place of Birth:

6.Religion (if known):

7.Type of child: Orphan/ abandoned/ surrendered

8.Date of admission of the child to the Specialised Adoption Agency/Child Care Institution:

9.Date of production before Child Welfare Committee:

10.Date declared as legally free for adoption by the Child Welfare Committee:

II.SOCIAL DATA:

Please do not give identifying information about the natural parent.

1.How did the child come to your institution?

(a)Admitted directly by parent or any other guardian:

(b)Placed by Child Welfare Committee directly:

(c)Transferred from any other institution, if so name of the institution:

(d)Any other source:

2.Reasons for seeking protection in the Institution:

3.Attitude of the child towards other children, if applicable

4.Behaviour and relationship of the child towards staff and other adults including strangers:

5.General intelligence:

6.If the child is enrolled in school, give a detailed report about his or her standard, attendance, general interest in studies, progress, if any:

7.General personality and description of the child:

8.Play activity and any specific talent: Milestones of the child (for children below 18 months). Please mark Yes or No (based on age appropriate responses)

Does the child:-

9.Dietary Habits: Intake of liquid food:Semi-solid food: Solid food:

10.Developmental Assessment (language spoken, behaviour, basic play skills, physical activity and communication and social skills etc.):

11.Social Background: (This should include his social history i.e. brief background of the birth parents and circumstances necessitating the child’s surrender or abandonment, etc. Please do not give identifying information such as name and address of birth parents or relatives.)

SCHEDULE IV

[See regulation 29(1)(f)]

MEDICAL TEST FOR CHILDREN ADMITTED INTO INSTITUTIONS

(1)Medical test for a child admitted into an institution can be broadly divided into two categories:

(a)To diagnose an illness/ condition that requires specific treatment, and thus testing would help in restoring the health of the child.

(b)To diagnose an illness/ condition of a nature that implies that the child will require special attention (medical and parental) beyond what a normal child needs, and therefore the family that adopts him/ her should be aware of the condition.

A.Newly born:

(a)Preterm newborns or those newborns weighing <2000g at birth or admission should be evaluated by a specialist neonatologist or paediatrician. These babies should undergo screening for Retinopathy of prematurity.

(b)Screening for hypothyroidism by thyroid function test (T4,TSH)

(c)Hearing screening: Otoacoustic Emissions (OAEs) or Brain stem evoked response audiometry (BERA)

(d)Screening for critical congenital heart disease: Pulse oximetry

(e)HBsAg

If any of these screening tests is abnormal, further confirmatory tests and specialists’ opinion should be mandatory, before labelling the child as special need.

B.Infants between 1 month to 1 year of age

(a)Infants should be evaluated by a pediatrician

(b)Screening for hypothyroidism by thyroid function test (T4,TSH)

(c)Hearing screening: Otoacoustic emission (OAE) or Brain stem evoked response audiometry (BERA)

(d)Complete blood count, liver function test and renal function test (CBC, LFT and RFT)

(e)HIV testing in children older than 4-6 weeks of age

(f)HCV testing in children older than 3 months of age

(g)HBsAg

If any of these screening tests is abnormal, further confirmatory tests and specialists’ opinion should be mandatory, before labelling the child as special need.

C.Age 1-3 years and more than 3 years

(a)In high risk areas (central and western states of India and tribal populations), screening for sickle cell anaemia is advised by complete blood count and either of these-haemoglobin electrophoresis or solubility testing for haemoglobin S or isoelectric focusing or high-performance liquid chromatography (HPLC).

If a child is found to be a carrier/trait for beta thalassemia or sickle cell anaemia on screening, he or she is unlikely to be affected or have transfusion requirement, and hence should not be considered as special need.

(b)HIV – Procedure for diagnosis in infants and children below 18 months of age:-

(i)HIV serological testing is used for the diagnosis of HIV in adults and children above 18 months of age.

(ii)Serological tests are not reliable and difficult to interpret in infants and children below 18 months of age because of passage of maternal HIV antibody across the placenta.

(iii)In children younger than 18 months, diagnosis of HIV infection is based on: a positive virological test for HIV or its components (HIV RNA or HIV DNA or ultrasensitive [Us] HIV p24 Ag) confirmed by a second virological test performed on a separate specimen taken more than 4 weeks after birth.

(iv)The WHO guidelines strongly recommend that all HIV-exposed infants have HIV virological testing at 4–6 weeks of age or at the earliest oppo rtunity thereafter.

(v)If the child is older than 9 months, an HIV serological test is recommended prior to any virological testing, and a virological test should be performed for those with a reactive HIV serological test.

(vi)In the non-breastfed or never-breastfed infant, a negative serological test result at or above the age of 9 months can be used to rule out HIV infection.

(vii)In infants with an initial positive virological test result, it is strongly recommended that antiretroviral therapy (ART) be started without delay and, at the same time, a second specimen collected to confirm the result.

(viii)All the infants with unknown or uncertain HIV exposure being seen in health-care facilities at or around birth or at the first postnatal visit (usually 4–6 weeks), or other child health visit, have their HIV exposure status ascertained.

(ix)If the infant is seen <72 hrs after the delivery and HIV exposure is identified, post-exposureprophylaxis (PEP), counselling on safe breastfeeding and an HIV virological test at 4-6 weeks is recommended.

(x)For infants first seen at 4-6 weeks or the earliest thereafter and in whom HIV exposure is documented, HIV virological testing should be performed and the mother should receive safeinfant-feeding counselling.

(xi)A negative HIV serological test in the mother does not per se exclude HIV exposure; the possibility of very recent incident infection of the mother during this pregnancy should be kept in mind.

In infants and children less than 18 months of age, a positive HIV serological test confirms HIV exposure but cannot definitively diagnose HIV. HIV serological testing can be used to exclude HIV infection.

(c)HCV diagnosis in infants and children:-

(i)Hepatitis C infection (HCV) is a chronic viral infection of the liver that affects 1-2% of adults and about 0.15 to 0.4% of children and adolescents.

(ii)In children, the infection is mostly acquired from mothers (vertical transmission).

(iii)Screening is by testing for HCV antibody in blood. The mother’s HCV antibody crosses the placenta and can stay in the blood of an infant for up to 18 months. Thus the anti-HCV antibody test cannot be done to screen for HCV in infants <18 months of age.

(iv)The American Academy of Pediatrics (AAP) recommends testing with antibody test after 18 months of age in high-risk children. Positive antibody test should be confirmed by HCV-PCR.

(v)If the baby is born to a known HCV positive mother (or in babies in adoption homes), testing with the HCV-PCR can be done. This should be done after 3 months of age due to a high rate of temporarily positive tests in infants under 3 months of age. Two negative HCV-PCR tests separated by at least 2-3 months are needed to confirm that there is not an infection with the hepatitis C virus.

(d)HBsAg

(e)CBC, LFT and RFT

***

SCHEDULE VII

[See regulations 2(11), 9 (10) and 20 (2)]

HOME STUDY REPORT OF RESIDENT INDIAN PARENT/

OVERSEAS CITIZEN OF INDIA/FOREIGNER LIVING IN INDIA

MR._______________________________

MS.______________________________

Adoption of orphan/abandoned/surrendered children can be processed by following procedures as laid down in Adoption Regulations. All prospective adoptive parents are required to register in Child Adoption Resource Information and Guidance System (CARINGS) and adopt from authorised institutions.

Part-1 of the report is to be filled up by the Prospective adoptive parents.

The Home Study Report helps build a strong proposal for the prospective adoptive parent (s) to adopt, and therefore, prospective adoptive parents are expected to provide all information to the best of their knowledge. The prospective

adoptive parents are solely responsible for the authenticity of the information provided in the template and are required to sign below on each page of Part 1.

The prospective adoptive parent(s) are encouraged to seek advice from the social worker and Counsellors in preparing themselves for adoption and for supporting the child that they wish to adopt. Any difficulty faced by the prospective adoptive parents in filling up Part 1 may be shared with the Social Worker during the home visit.

Part-2 of the template is to be filled up by the Professional Social Worker engaged by the Specialised Adoption Agency or District Child Protection Unit or State Adoption Resource Agency or Central Adoption Resource Authority (CARA).

The Home Study Report helps the adoption agency in finding the family best suited for each child that is available for adoption. During the home study, the social worker will assess the financial, employment, health, lifestyle, home and neighbourhood environments of the prospective adoptive parent (s); their parenting styles and attitude(s); motivation for adoption; commitment towards adoption and their overall readiness-cum-maturity to adopt.

Part – 1

A.Familiarity with Adoption

(This section can be filled up by either of the prospective adoptive parent)

1.What is your motivation behind adopting a child

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

2.Will you be able to support an older child, a child with an addressable medical condition or a child with special need?

Yes/No

3.Have you met any adoptive families or children who were adopted – if yes, how was your experience and response

________________________________________________________________________

________________________________________________________________________

4.Are there any areas where you may need counselling or professional help in supporting the child you wish to adopt – please provide complete details?

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

SCHEDULE IX

[See regulations 12(1), 15(14) and 55(1)]

LIST OF (ATTESTED/NOTARISED) DOCUMENTS

TO BE FILED ALONG WITH THE ADOPTION PETITION IN THE COURT

1.In-country Adoption

To be obtained from the Prospective adoptive parents(PAPs) by the Specialised Adoption Agency

(1)Current family photograph/ photograph of the couple or person adopting a child

(2)PAN Card of the prospective adoptive parents

(3)Birth certificate/Proof of date of birth of the prospective adoptive parents

(4)Proof of residence (aadhar card/ voter card/ passport/current electricity bill/telephone bill)

(5)Proof of income of last year (salary slip/income certificate issued by Govt. department/income tax return)

(6)Certificate from a medical practitioner certifying that the prospective adoptive parents do not suffer from any chronic, contagious or fatal disease and they are fit to adopt (In case of married couple, upload Medical Certificate of both the applicants)

(7)Marriage certificate

(8)Divorce Decree/Declaration from the competent court or affidavit on oath pertaining to divorce in case of divorce governed by personal law where decree of divorce is not mandatory/Death certificate of spouse in case of single prospective adoptive parent (if applicable).

(9)Two reference letters from acquaintances or relatives in support of adoption.

(10)Consent of the older child/children in the adoptive family (if more than 5 years) To be arranged by the Specialised Adoption Agency

(11)Child Study Report signed by the prospective adoptive parents along with recent photograph of the child.

(12)Medical Examination Reportof the child signed by the prospective adoptive parents.

(13)Certificate of Child Welfare Committee declaring the child ‘legally free for adoption’.

(14)Home Study Report of the prospective adoptive parents along with their recent family photograph.

(15)Recognition certificate of the agency as Specialised Adoption Agency.

(16)Consent of the older child/children to be adopted.

(17)Decision of the Adoption Committee (only in case of In-country adoption).

(18)Affidavit by the Chief Functionary of the Specialised Adoption Agency to Court in support of adoption of child.

(19)Pre-adoption foster care affidavit.

2.Adoption by NRI/Overseas Citizen of India/Foreign prospective adoptive parents residing in a foreign country

To be provided by the Authorised Foreign Adoption Agency(AFAA) or Central Authority(CA) or Government department or Indian Mission abroad to the Specialised Adoption Agency

(1)Photograph of the applicant(s)

(2)Home Study Report

(3)Passport (Male prospective adoptive parent)

(4)Passport (Female prospective adoptive parent)

(5)Overseas Citizen of India card of the prospective adoptive parents (if applicable)

(6)Birth certificate/Proof of date of birth of the prospective adoptive parents

(7)Proof of Residence

(8)Proof of income of last year (e.g. salary slip/income certificate issued by Government department /Income tax return)

(9)Certificate from a medical practitioner certifying that the prospective adoptive parents do not suffer from any chronic, contagious or fatal decease and they are fit to adopt.

(10)Police Clearance Certificate (Male prospective adoptive parent)

(11)Police Clearance Certificate (Female prospective adoptive parent)

SCHEDULE XII

[See regulations 13(1), 19(1) and 20(5)]

POST- PLACEMENT REPORT OF THE CHILD

Photograph of the child with family

1.IDENTIFYING INFORMATION:

(a)Child’s Name(initial and given. if any) :

(b)Surname/family name:

(c)Child’s date of birth:

2.CONTACT DETAILS OF THE ADOPTIVE PARENTS:

3.CHILD’S ADJUSTMENT:

(a)Current height and weight

(b)Results of physical examinations or doctor visits

(c)Eating and sleeping habits

(d)Emotional, physical and social development

(e)Attachment to family members

(f)Child’s enrolment in school (if applicable)

(g)Language(s) spoken (if applicable)

4.ADJUSTMENT BETWEEN ADOPTIVE FAMILY AND THE CHILD:

5.SIGNIFICANT CHANGES IN FAMILY STRUCTURE OR DYNAMICS, IF ANY:

(Change of residence, employment, work responsibilities, illness, etc.)

6.OBSERVATIONS AND RECOMMENDATIONS OF SOCIAL WORKER

(Signature)

Social Worker’s Name:

Agency Name and Date

________________________________

Note: Online updating of post-placement report is mandatory

SCHEDULE XIII

[See regulations 24(1)(f) and 26(4)(h)]

STANDARDS OF CHILD CARE IN SPECIALISED ADOPTION AGENCIES

1.The agencies are required to ensure that the following facilities are provided to the children in the institution:

(a)Physical facilities:

(i)Physical surroundings in which the children are cared for must be clean. Sanitation and hygiene maintained at the agency must be adequate since a majority of children at the institution are small and suffer from numerous ailments. Children below the age of 1 year should be in a room with an attached bathing room and milk room. Children between the age of 1 – 3 years should be kept in a room with an attached bathing and bathroom. The older children need to be separated into two boy’s room and girls room. Each room must have attached baths, and toilets.

(ii)There should be a separate washing area and a large kitchen and dining hall for the older children. Good lighting, ventilation and adequate space must be mandatory.

(iii)The home should be neat, clean, particularly bathrooms, toilets and kitchen. Walls and surroundings must be bright and stimulating. For visual stimulation the rooms should be well painted and decorated with toys, animal cut outs, etc

(b)Medical facilities: Regular medical inspection must be done. Preferably every alternate day by a registered medical practitioner. The child specialist is best trained to diagnose and treat children who are at risk and highly vulnerable.

(i)Infants and children on admission to institutions should be in quarantine and observation for a week at least.

(ii)Weight, height and head circumference may be noted along with any other details available on the child at admission.

(iii)A medical record should be maintained and a doctor must assess the child as soon as possible, preferably within 24 hours of his or her admission.

(iv)Each child below the age of six months should be photographed every month, from six months to 3 years every three months and thereafter, every six months.

(v)Immunization should be regularly given and monitored.

(vi)Emergency kits should be available at all times in the Home and there should be a doctor on call.

(vii)General health measures viz hygiene, dental, skin care and diet to be supervised.

(viii)Stimulation is very important for the proper development of the child. This could be achieved by increasing awareness amongst the nurses, helpers by introducing simple stimulation techniques in the daily routine. It is also advised to have a physiotherapist visit the children on a regular basis.

(c)Staff:

(i)The agency must have adequate staff for child care, preferably in the ratio of 4:1 for children below 1 year, 5:1 for children in the age group 1 to 3 years and 8:1 for older children.

(ii)Adoption Homes need personnel who are sensitized to the issues of the children. They need to be “educated” in caring for the children. It is recomm ended to conduct workshops for nurses, helpers, care takers and other staff to enable them to recognize the special status of these children who are under their care.

(iii)As committed staff is an integral part of good child care, the motivational levels of the staff should be kept high.

(iv)Staff to be immunized as well.

(d)Clothing: It is important that the children in a home are dressed in clean, comfortable and well-kept clothes at all times, not just during the visit of the adoptive parents.

(e)Food: The food in the institution should be hygienically cooked, nourishing and tasty. The menu should be varied. The need of children on a special diet should be attended to. This will help overcome the problems of malnutrition faced by children entering a home. Feeding charts with indication of the formulas may be displayed and followed.

(f)Education: The Specialised Adoption Agency should be able to provide informal education through a qualified teacher, and a special educator, or tie up with a school that will take the child or children on a temporary basis.

Note: All adoption agencies shall adhere to the standards of child care prescribed under the Juvenile Justice (Care and Protection of Children) Model Rules, 2016.

2.While providing child care, the following issues are important:

(a)A child’s neurological growth is complete within the first few years of his or her early childhood and determines the brain’s capabilities throughout the rest of his or her life. Moreover, a child needs to have experienced positive attachment by the age of 3 in order to develop cognitively, physically, socially, and psychologically. Hence, every effort shall be made by the Specialised Adoption Agency to expeditiously find alternate family for such children so that they develop attachment and proper bonding experiences during infancy itself.

(b)It is very essential to talk, hug, hold, play, tell stories and sing to the child to give it a sense of security. Though this should be done regularly by the staff, it is also advisable to encourage volunteers to take up this activity.

(c)Quality child care (early childhood care) means providing adequate health care, immunization, feeding and nutrition, creating a safe environment so that infants and young children can play and socialize with their peers, promoting school readiness and preparing children for primary school and focusing on total development during early years of childhood.

(d)It should be ensured that there is no instance of child abuse and neglect while the child is in the institution.