SAFETY AND SECURITY OF CHILDREN IN SCHOOLS: National Commission for Protection of Child Rights (NCPCR)

Safety and Security of Children in Schools-NCPCR

Manual

This Manual is meant for all the stakeholders including the relevant ministries, departments, educational boards/ institutions, schools (heads/employees) and students.

This Manual has been prepared on the basis of following Acts/ guidelines/circulars etc:

1. Commission for Protection of Child Rights (CPCR) Act, 2005;Right of Children To Free and Compulsory Education (RTE) Act, 2009; Protection of Children Against Sexual Offences (POCSO) Act 2012; Juvenile Justice (Care and Protection of Children) (JJ) Act, 2015

2. Guidelines on Safety and Security of Children- MHRD

3. Guidelines on Food Safety and Hygiene for School level kitchens under Mid Day Meal Scheme- MHRD

4. Guidelines on Safety of School buses, Ministry of Road Transport and Highways, GOI.

5. Instructions/Advisory/letters/guidelines/circulars issued by -Kendriya Vidyalaya Sangathan

6. SOP for dealing with any terrorist attack on schools: by Ministry of Home Affairs, Govt of India, issued by MHRD to all State Education Secretaries

7. Instruction on Bullying Prevention and ragging in schools- MHRD

8. Standards of Safety and Precautionary methods – CISCE

9. Activity book on Disaster Management for School students- NIDM

10. Operational guidelines, Child Health Screening and Early Intervention Services under NRHM-Ministry of Health and Family Welfare

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National Commission for Protection of Child Rights vis-à-vis Child Custody matters

Date: 06.02.2020

Under the Indian Law, the ‘welfare of the child’ is given more importance than considering the whims and fancies of the parents. The parent who can provide the child with better financial support and most fit for the good upbringing of the child will be given judicial custody. This reduces the probability of predicting as to which parent might most likely have child custody.

National Commission for Protection of Child Rights (hereinafter referred to as ‘NCPCR’) is a statutory body constituted under Section 3 of the Commission for Protection of Child Rights Act, 2005. NCPCR emphasises the principle of universality and inviolability of child rights and recognises the tone of urgency in all the child-related policies of the country. For the Commission, protection of all children in the 0 to 18 years age group is of equal importance. Thus, policies define priority actions for the most vulnerable children. This includes focus on regions that are backward or on communities or children under certain circumstances, and so on.

Who is a ‘Child’

According to international law, a ‘child’ means every human being below the age of 18 years. This is a universally accepted definition of a child and comes from the United Nations Convention on the Rights of the Child (UNCRC), an international legal instrument accepted and ratified by most countries. As per United Nations Convention on the Rights of the Child (UNCRC), every person below the age of 18 years, is accepted as ‘child’ and the same has been adopted by the Indian laws. As per laws related to children in India, every person below the age of 18 years is falls under the definition of child and every such child in need of care and protection or in conflict with the law, is entitled to receive protection from the State.

Custody of the Child

For the Commission, every right the child enjoys is seen as mutually-reinforcing and interdependent. Therefore the issue of gradation of rights does not arise. A child enjoying all his/her rights at her 18th year is dependent on the access to all his/her entitlements from the time he/she is born. Thus policies interventions assume significance at all stages, however in the matters of marital discords among the spouse in a marriage, the Commission does not have the power to decide over the issue as to whom the custody of the child is to be granted. Cases pertaining to marital discord which are in litigation before courts are beyond ambit of Commission’s power to pass any sort of direction.

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Convention on the Rights of the Child:UNGA

Adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989
entry into force 2 September 1990, in accordance with article 49

Preamble

The States Parties to the present Convention,

Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Bearing in mind that the peoples of the United Nations have, in the Charter, reaffirmed their faith in fundamental human rights and in the dignity and worth of the human person, and have determined to promote social progress and better standards of life in larger freedom,

Recognizing that the United Nations has, in the Universal Declaration of Human Rights and in the International Covenants on Human Rights, proclaimed and agreed that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status,

Recalling that, in the Universal Declaration of Human Rights, the United Nations has proclaimed that childhood is entitled to special care and assistance,

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Convention on the Rights of the Child on the sale of children, child prostitution and child pornography

Optional Protocol to the Convention on the Rights of the Child on the sale of children,
child prostitution and child pornography 2002

Adopted and opened for signature, ratification and accession by General Assembly resolution A/RES/54/263 of 25 May 2000

UNITED NATIONS HUMAN RIGHTS COMMISSION

Came into force on 18 January 2002

The States Parties to the present Protocol,

Considering that, in order further to achieve the purposes of the Convention on the Rights of the Child and the implementation of its provisions, especially articles 1, 11, 21, 32, 33, 34, 35 and 36, it would be appropriate to extend the measures that States Parties should undertake in order to guarantee the protection of the child from the sale of children, child prostitution and child pornography,

Considering also that the Convention on the Rights of the Child recognizes the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development,

Gravely concerned at the significant and increasing international traffic in children for the purpose of the sale of children, child prostitution and child pornography,

Deeply concerned at the widespread and continuing practice of sex tourism, to which children are especially vulnerable, as it directly promotes the sale of children, child prostitution and child pornography,

Recognizing that a number of particularly vulnerable groups, including girl children, are at greater risk of sexual exploitation and that girl children are disproportionately represented among the sexually exploited,

Concerned about the growing availability of child pornography on the Internet and other evolving technologies, and recalling the International Conference on Combating Child Pornography on the Internet, held in Vienna in 1999, in particular its conclusion calling for the worldwide criminalization of the production, distribution, exportation, transmission, importation, intentional possession and advertising of child pornography, and stressing the importance of closer cooperation and partnership between Governments and the Internet industry,

Believing that the elimination of the sale of children, child prostitution and child pornography will be facilitated by adopting a holistic approach, addressing the contributing factors, including underdevelopment, poverty, economic disparities, inequitable socio-economic structure, dysfunctioning families, lack of education, urban-rural migration, gender discrimination, irresponsible adult sexual behaviour, harmful traditional practices, armed conflicts and trafficking in children,

Believing also that efforts to raise public awareness are needed to reduce consumer demand for the sale of children, child prostitution and child pornography, and believing further in the importance of strengthening global partnership among all actors and of improving law enforcement at the national level,

Noting the provisions of international legal instruments relevant to the protection of children, including the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, the Hague Convention on the Civil Aspects of International Child Abduction, the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children, and International Labour Organization Convention No. 182 on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour,

Encouraged by the overwhelming support for the Convention on the Rights of the Child, demonstrating the widespread commitment that exists for the promotion and protection of the rights of the child,

Recognizing the importance of the implementation of the provisions of the Programme of Action for the Prevention of the Sale of Children, Child Prostitution and Child Pornography and the Declaration and Agenda for Action adopted at the World Congress against Commercial Sexual Exploitation of Children, held in Stockholm from 27 to 31 August 1996, and the other relevant decisions and recommendations of pertinent international bodies,

Taking due account of the importance of the traditions and cultural values of each people for the protection and harmonious development of the child, Have agreed as follows:

Article 1

States Parties shall prohibit the sale of children, child prostitution and child pornography as provided for by the present Protocol.

Article 2

For the purposes of the present Protocol:

(a) Sale of children means any act or transaction whereby a child is transferred by any person or group of persons to another for remuneration or any other consideration;

(b) Child prostitution means the use of a child in sexual activities for remuneration or any other form of consideration;

(c) Child pornography means any representation, by whatever means, of a child engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a child for primarily sexual purposes.

Article 3

1. Each State Party shall ensure that, as a minimum, the following acts and activities are fully covered under its criminal or penal law, whether such offences are committed domestically or transnationally or on an individual or organized basis:

(a) In the context of sale of children as defined in article 2:

(i) Offering, delivering or accepting, by whatever means, a child for the purpose of:

a. Sexual exploitation of the child;

b. Transfer of organs of the child for profit;

c. Engagement of the child in forced labour;

(ii) Improperly inducing consent, as an intermediary, for the adoption of a child in violation of applicable international legal instruments on adoption;

(b) Offering, obtaining, procuring or providing a child for child prostitution, as defined in article 2;

(c) Producing, distributing, disseminating, importing, exporting, offering, selling or possessing for the above purposes child pornography as defined in article 2.

2. Subject to the provisions of the national law of a State Party, the same shall apply to an attempt to commit any of the said acts and to complicity or participation in any of the said acts.

3. Each State Party shall make such offences punishable by appropriate penalties that take into account their grave nature.

4. Subject to the provisions of its national law, each State Party shall take measures, where appropriate, to establish the liability of legal persons for offences established in paragraph 1 of the present article. Subject to the legal principles of the State Party, such liability of legal persons may be criminal, civil or administrative.

5. States Parties shall take all appropriate legal and administrative measures to ensure that all persons involved in the adoption of a child act in conformity with applicable international legal instruments.

Article 4

1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences referred to in article 3, paragraph 1, when the offences are commited in its territory or on board a ship or aircraft registered in that State.

2. Each State Party may take such measures as may be necessary to establish its jurisdiction over the offences referred to in article 3, paragraph 1, in the following cases:

(a) When the alleged offender is a national of that State or a person who has his habitual residence in its territory;

(b) When the victim is a national of that State.

3. Each State Party shall also take such measures as may be necessary to establish its jurisdiction over the aforementioned offences when the alleged offender is present in its territory and it does not extradite him or her to another State Party on the ground that the offence has been committed by one of its nationals.

4. The present Protocol does not exclude any criminal jurisdiction exercised in accordance with internal law.

Article 5

1. The offences referred to in article 3, paragraph 1, shall be deemed to be included as extraditable offences in any extradition treaty existing between States Parties and shall be included as extraditable offences in every extradition treaty subsequently concluded between them, in accordance with the conditions set forth in such treaties.

2. If a State Party that makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may consider the present Protocol to be a legal basis for extradition in respect of such offences. Extradition shall be subject to the conditions provided by the law of the requested State.

3. States Parties that do not make extradition conditional on the existence of a treaty shall recognize such offences as extraditable offences between themselves subject to the conditions provided by the law of the requested State.

4. Such offences shall be treated, for the purpose of extradition between States Parties, as if they had been committed not only in the place in which they occurred but also in the territories of the States required to establish their jurisdiction in accordance with article 4.

5. If an extradition request is made with respect to an offence described in article 3, paragraph 1, and the requested State Party does not or will not extradite on the basis of the nationality of the offender, that State shall take suitable measures to submit the case to its competent authorities for the purpose of prosecution.

Article 6

1. States Parties shall afford one another the greatest measure of assistance in connection with investigations or criminal or extradition proceedings brought in respect of the offences set forth in article 3, paragraph 1, including assistance in obtaining evidence at their disposal necessary for the proceedings.

2. States Parties shall carry out their obligations under paragraph 1 of the present article in conformity with any treaties or other arrangements on mutual legal assistance that may exist between them. In the absence of such treaties or arrangements, States Parties shall afford one another assistance in accordance with their domestic law.

Article 7

States Parties shall, subject to the provisions of their national law:

(a) Take measures to provide for the seizure and confiscation, as appropriate, of:

(i) Goods, such as materials, assets and other instrumentalities used to commit or facilitate offences under the present protocol;

(ii) Proceeds derived from such offences;

(b) Execute requests from another State Party for seizure or confiscation of goods or proceeds referred to in subparagraph (a);

(c) Take measures aimed at closing, on a temporary or definitive basis, premises used to commit such offences.

Article 8

1. States Parties shall adopt appropriate measures to protect the rights and interests of child victims of the practices prohibited under the present Protocol at all stages of the criminal justice process, in particular by:

(a) Recognizing the vulnerability of child victims and adapting procedures to recognize their special needs, including their special needs as witnesses;

(b) Informing child victims of their rights, their role and the scope, timing and progress of the proceedings and of the disposition of their cases;

(c) Allowing the views, needs and concerns of child victims to be presented and considered in proceedings where their personal interests are affected, in a manner consistent with the procedural rules of national law;

(d) Providing appropriate support services to child victims throughout the legal process;

(e) Protecting, as appropriate, the privacy and identity of child victims and taking measures in accordance with national law to avoid the inappropriate dissemination of information that could lead to the identification of child victims;

(f) Providing, in appropriate cases, for the safety of child victims, as well as that of their families and witnesses on their behalf, from intimidation and retaliation;

(g) Avoiding unnecessary delay in the disposition of cases and the execution of orders or decrees granting compensation to child victims.

2. States Parties shall ensure that uncertainty as to the actual age of the victim shall not prevent the initiation of criminal investigations, including investigations aimed at establishing the age of the victim.

3. States Parties shall ensure that, in the treatment by the criminal justice system of children who are victims of the offences described in the present Protocol, the best interest of the child shall be a primary consideration.

4. States Parties shall take measures to ensure appropriate training, in particular legal and psychological training, for the persons who work with victims of the offences prohibited under the present Protocol.

5. States Parties shall, in appropriate cases, adopt measures in order to protect the safety and integrity of those persons and/or organizations involved in the prevention and/or protection and rehabilitation of victims of such offences.

6. Nothing in the present article shall be construed to be prejudicial to or inconsistent with the rights of the accused to a fair and impartial trial.

Article 9

1. States Parties shall adopt or strengthen, implement and disseminate laws, administrative measures, social policies and programmes to prevent the offences referred to in the present Protocol. Particular attention shall be given to protect children who are especially vulnerable to such practices.

2. States Parties shall promote awareness in the public at large, including children, through information by all appropriate means, education and training, about the preventive measures and harmful effects of the offences referred to in the present Protocol. In fulfilling their obligations under this article, States Parties shall encourage the participation of the community and, in particular, children and child victims, in such information and education and training programmes, including at the international level.

3. States Parties shall take all feasible measures with the aim of ensuring all appropriate assistance to victims of such offences, including their full social reintegration and their full physical and psychological recovery.

4. States Parties shall ensure that all child victims of the offences described in the present Protocol have access to adequate procedures to seek, without discrimination, compensation for damages from those legally responsible.

5. States Parties shall take appropriate measures aimed at effectively prohibiting the production and dissemination of material advertising the offences described in the present Protocol.

Article 10

1. States Parties shall take all necessary steps to strengthen international cooperation by multilateral, regional and bilateral arrangements for the prevention, detection, investigation, prosecution and punishment of those responsible for acts involving the sale of children, child prostitution, child pornography and child sex tourism. States Parties shall also promote international cooperation and coordination between their authorities, national and international non-governmental organizations and international organizations.

2. States Parties shall promote international cooperation to assist child victims in their physical and psychological recovery, social reintegration and repatriation.

3. States Parties shall promote the strengthening of international cooperation in order to address the root causes, such as poverty and underdevelopment, contributing to the vulnerability of children to the sale of children, child prostitution, child pornography and child sex tourism.

4. States Parties in a position to do so shall provide financial, technical or other assistance through existing multilateral, regional, bilateral or other programmes.

Article 11

Nothing in the present Protocol shall affect any provisions that are more conducive to the realization of the rights of the child and that may be contained in:

(a) The law of a State Party;

(b) International law in force for that State.

Article 12

1. Each State Party shall, within two years following the entry into force of the present Protocol for that State Party, submit a report to the Committee on the Rights of the Child providing comprehensive information on the measures it has taken to implement the provisions of the Protocol.

2. Following the submission of the comprehensive report, each State Party shall include in the reports they submit to the Committee on the Rights of the Child, in accordance with article 44 of the Convention, any further information with respect to the implementation of the present Protocol. Other States Parties to the Protocol shall submit a report every five years.

3. The Committee on the Rights of the Child may request from States Parties further information relevant to the implementation of the present Protocol.

Article 13

1. The present Protocol is open for signature by any State that is a party to the Convention or has signed it.

2. The present Protocol is subject to ratification and is open to accession by any State that is a party to the Convention or has signed it. Instruments of ratification or accession shall be deposited with the Secretary- General of the United Nations.

Article 14

1. The present Protocol shall enter into force three months after the deposit of the tenth instrument of ratification or accession.

2. For each State ratifying the present Protocol or acceding to it after its entry into force, the Protocol shall enter into force one month after the date of the deposit of its own instrument of ratification or accession.

Article 15

1. Any State Party may denounce the present Protocol at any time by written notification to the Secretary- General of the United Nations, who shall thereafter inform the other States Parties to the Convention and all States that have signed the Convention. The denunciation shall take effect one year after the date of receipt of the notification by the Secretary-General.

2. Such a denunciation shall not have the effect of releasing the State Party from its obligations under the present Protocol in regard to any offence that occurs prior to the date on which the denunciation becomes effective. Nor shall such a denunciation prejudice in any way the continued consideration of any matter that is already under consideration by the Committee on the Rights of the Child prior to the date on which the denunciation becomes effective.

Article 16

1. Any State Party may propose an amendment and file it with the Secretary-General of the United Nations. The Secretary-General shall thereupon communicate the proposed amendment to States Parties with a request that they indicate whether they favour a conference of States Parties for the purpose of considering and voting upon the proposals. In the event that, within four months from the date of such communication, at least one third of the States Parties favour such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of States Parties present and voting at the conference shall be submitted to the General Assembly of the United Nations for approval.

2. An amendment adopted in accordance with paragraph 1 of the present article shall enter into force when it has been approved by the General Assembly and accepted by a two-thirds majority of States Parties.

3. When an amendment enters into force, it shall be binding on those States Parties that have accepted it, other States Parties still being bound by the provisions of the present Protocol and any earlier amendments they have accepted.

Article 17

1. The present Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations.

2. The Secretary-General of the United Nations shall transmit certified copies of the present Protocol to all States Parties to the Convention and all States that have signed the Convention.


UNITED NATIONS HUMAN RIGHTS COMMISSION

The Commissions For Protection Of Child Rights Act, 2005

(4 OF 2006)

[20th January, 2006]

An Act to provide for the constitution of a National Commission and State Commissions for Protection of Child Rights and Children’s Courts for providing speedy trial of offences against children or of violation of child rights and for matters connected therewith or incidental thereto.

Whereas India participated in the United Nations (UN) General Assembly Summit in 1990, which adopted a Declaration on Survival, Protection and Development of Children;
And whereas India has also acceded to the Convention on the Rights of the Child (CRC) on the 11th December, 1992;

And whereas CRC is an international treaty that makes it incumbent upon the signatory States to take all necessary steps to protect children’s rights enumerated in the Convention;

And whereas in order to ensure protection of rights of children one of the recent initiatives that the Government have taken for Children is the adoption of National Charter for Children, 2003;

And whereas the UN General Assembly Special Session on Children held in May, 2002 adopted an Outcome Document titled A World Fit for Children containing the goals, objectives, strategies and activities to be undertaken by the member countries for the current decade;

And whereas it is expedient to enact a law relating to children to give effect to the policies adopted by the Government in this regard, standards prescribed in the CRC, and all other relevant international instruments;

Be it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:

CHAPTER I

Preliminary

1. Short title, extent and commencement .(1) This Act may be called The Commissions for Protection of Child Rights Act , 2005.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such [date] as the Central Government may, by notification in the Official Gazette, appoint.

2. Definitions .In this Act, unless the context otherwise requires,
(a) Chairperson means the Chairperson of the Commission or of the State Commission, as the case may be;

(b) child rights includes the children’s rights adopted in the United Nations convention on the Rights of the Child on the 20th November, 1989 and ratified by the Government of India on the 11th December, 1992;

(c) Commission means the National Commission for Protection of Child Rights constituted under section 3;

(d) Member means a Member of the Commission or of the State Commission, as the case may be, and includes the Chairperson;

(e) notification means a notification published in the Official Gazette;

(f) prescribed means prescribed by rules made under this Act;

(g) State Commission means a State Commission for Protection of Child Rights constituted under section 17;

CHAPTER II

The National Commission For Protection Of Child Rights

3. Constitution of National Commission for Protection of Child Rights .(1) The Central Government shall, by notification, constitute a body to be known as the National Commission for Protection of Child Rights to exercise the powers conferred on, and to perform the functions assigned to it, under this Act.
(2) The Commission shall consist of the following Members, namely:
(a) a Chairperson who is a person of eminence and has done outstanding work for promoting the welfare of children; and

(b) six Members, out of which at least two shall be women, from the following fields, to be appointed by the Central Government from amongst persons of eminence, ability, integrity, standing and experience in,

(i) education;

(ii) child health, care, welfare or child development;

(iii) juvenile justice or care of neglected or marginalised children or children with disabilities;

(iv) elimination of child labour or children in distress;

(v) child psychology or sociology; and

(vi) law relating to children.

(3) The office of the Commission shall be at Delhi.

4. Appointment of Chairperson and Members .The Central Government shall, by notification, appoint the Chairperson and other Members:
Provided that the Chairperson shall be appointed on the recommendation of a three member Selection Committee constituted by the Central Government under the Chairmanship of the Minister in-charge of the Ministry or the Department of Women and Child Development.

5. Term of office and conditions of service of Chairperson and Members .(1) The Chairperson and every Member shall hold office as such for a term of three years from the date on which he assumes office:
Provided that no Chairperson or a Member shall hold the office for more than two terms:
Provided further that no Chairperson or any other Member shall hold office as such after he has attained
(a) in the case of the Chairperson, the age of sixty-five years; and

(b) in the case of a Member, the age of sixty years.

(2) The Chairperson or a Member may, by writing under his hand addressed to the Central Government, resign his office at any time.

6. Salary and allowances of Chairperson and Members .The salary and allowances payable to, and other terms and conditions of service of, the Chairperson and Members, shall be such as may be prescribed by the Central Government:
Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairperson or a Member, as the case may be, shall be varied to his disadvantage after his appointment.

7. Removal from office .(1) Subject to the provisions of sub-section (2), the Chairperson may be removed from his office by an order of the Central Government on the ground of proved misbehaviour or incapacity.
(2) Notwithstanding anything contained in sub-section (1), the Central Government may by order remove from office the Chairperson or any other Member, if the Chairperson or, as the case may be, such other Member,
(a) is adjudged an insolvent; or

(b) engages during his term of office in any paid employment outside the duties of his office; or

(c) refuses to act or becomes incapable of acting; or

(d) is of unsound mind and stands so declared by a competent Court; or

(e) has so abused his office as to render his continuance in office detrimental to the public interest; or

(f) is convicted and sentenced to imprisonment for an offence which in the opinion of the Central Government involves moral turpitude; or

(g) is, without obtaining leave of absence from the Commission, absent from three consecutive meetings of the Commission.

(3) No person shall be removed under this section until that person has been given an opportunity of being heard in the matter.
8. Vacation of office by Chairperson or Member .(1) If the Chairperson or, as the case may be, a Member,
(a) becomes subject to any of the disqualifications mentioned in section 7; or

(b) tenders his resignation under sub-section (2) of section 5, his seat shall thereupon become vacant.

(2) If a casual vacancy occurs in the office of the Chairperson or a Member, whether by reason of his death, resignation or otherwise, such vacancy shall be filled within a period of ninety days by making afresh appointment in accordance with the provisions of section 4 and the person so appointed shall hold office for the remainder of the term of office for which the Chairperson, or a Member, as the case may be, in whose place he is so appointed would have held that office.

9. Vacancies, etc., not to invalidate proceedings of Commission .No act or proceeding of the Commission shall be invalid merely by reason of
(a) any vacancy in, or any defect in the constitution of, the Commission; or

(b) any defect in the appointment of a person as the Chairperson or a Member; or

(c) any irregularity in the procedure of the Commission not affecting the merits of the case.

10. Procedure for transaction of business .(1) The Commission shall meet regularly at its office at such time as the Chairperson thinks fit, but three months shall not intervene between its last and the next meeting.
(2) All decisions at a meeting shall be taken by majority:
Provided that in the case of equality of votes, the Chairperson, or in his absence the person presiding, shall have and exercise a second or casting vote.
(3) If for any reason, the Chairperson, is unable to attend the meeting of the Commission, any Member chosen by the Members present from amongst themselves at the meeting, shall preside.
(4) The Commission shall observe such rules of procedure in the transaction of its business at a meeting, including the quorum at such meeting, as may be prescribed by the Central Government.
(5) All orders and decisions of the Commission shall be authenticated by the Member-Secretary or any other officer of the Commission duly authorised by Member-Secretary in this behalf.

11. Member-Secretary, officers and other employees of Commission .(1) The Central Government shall, by notification, appoint an officer not below the rank of the Joint Secretary or the Additional Secretary to the Government of India as a Member-Secretary of the Commission and shall make available to the Commission such other officers and employees as may be necessary for the efficient performance of its functions.
(2) The Member-Secretary shall be responsible for the proper administration of the affairs of the Commission and its day-to-day management and shall exercise and discharge such other powers and perform such other duties as may be prescribed by the Central Government.
(3) The salary and allowances payable to, and the other terms and conditions of service of the Member-Secretary, other officers and employees, appointed for the purpose of the Commission shall be such as may be prescribed by the Central Government.
12. Salaries and allowances to be paid out of grants .The salaries and allowances payable to the Chairperson and Members and the administrative expenses, including salaries, allowances and pensions payable to the Member-Secretary, other officers and employees referred to in section 11, shall be paid out of the grants referred to in sub-section (1) of section 27.

CHAPTER III

Functions And Powers Of The Commission

13. Functions of Commission .(1) The Commission shall perform all or any of the following functions, namely:
(a) examine and review the safeguards provided by or under any law for the time being in force for the protection of child rights and recommend measures for their effective implementation;

(b) present to the Central Government, annually and at such other intervals, as the Commission may deem fit, reports upon the working of those safeguards;

(c) inquire into violation of child rights and recommend initiation of proceedings in such cases;

(d) examine all factors that inhibit the enjoyment of rights of children affected by terrorism, communal violence, riots, natural disaster, domestic violence, HIV/AIDS, trafficking, maltreatment, torture and exploitation, pornography and prostitution and recommend appropriate remedial measures;

(e) look into the matters relating to children in need of special care and protection including children in distress, marginalised and disadvantaged children, children in conflict with law, juveniles, children without family and children of prisoners and recommend appropriate remedial measures;

(f) study treaties and other international instruments and undertake periodical review of existing policies, programmes and other activities on child rights and make recommendations for their effective implementation in the best interest of children;

(g) undertake and promote research in the field of child rights;

(h) spread child rights literacy among various sections of the society and promote awareness of the safeguards available for protection of these rights through publications, the media, seminars and other available means;

(i) inspect or cause to be inspected any juvenile custodial home, or any other place of residence or institution meant for children, under the control of the Central Government or any State Government or any other authority, including any institution run by a social organisation; where children are detained or lodged for the purpose of treatment, reformation or protection and take up with these authorities for remedial action, if found necessary;

(j) inquire into complaints and take suo motu notice of matters relating to,

(i) deprivation and violation of child rights;

(ii) non-implementation of laws providing for protection and development of children;

(iii) non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships to and ensuring welfare of the children and to provide relief to such children, or take up the issues arising out of such matters with appropriate authorities; and

(k) such other functions as it may consider necessary for the promotion of child rights and any other matter incidental to the above functions.

(2) The Commission shall not inquire into any matter which is pending before a State Commission or any other Commission duly constituted under any law for the time being in force.

14. Powers relating to inquiries .(1) The Commission shall, while inquiring into any matter referred to in clause (j) of sub-section (1) of section 13 have all the powers of a Civil Court trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) and, in particular, in respect of the following matters, namely:
(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) discovery and production of any document;

(c) receiving evidence on affidavits;

(d) requisitioning any public record or copy thereof from any Court or office; and

(e) issuing commissions for the examination of witnesses or documents.

(2) The Commission shall have the power to forward any case to a Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case has been forwarded to him under section 346 of the Code of Criminal Procedure, 1973 (2 of 1974).

15. Steps after inquiry .The Commission may take any of the following steps upon the completion of an inquiry held under this Act, namely:
(i) where the inquiry discloses, the Commission of violation of child rights of a serious nature or contravention of provisions of any law for the time being in force, it may recommend to the concerned Government or authority the initiation of proceedings for prosecution or such other action as the Commission may deem fit against the concerned person or persons;

(ii) approach the Supreme Court or the High Court concerned for such directions, orders or writs as that Court may deem necessary;

(iii) recommend to the concerned Government or authority for the grant of such interim relief to the victim or the members of his family as the Commission may consider necessary.

16. Annual and special reports of Commission .(1) The Commission shall submit an annual report to the Central Government and to the State Government concerned and may at any time submit special reports on any matter which, in its opinion, is of such urgency or importance that it should not be deferred till submission of the annual report.
(2) The Central Government and the State Government concerned, as the case may be, shall cause the annual and special reports of the Commission to be laid before each House of Parliament or the State Legislature respectively, as the case may be, along with a memorandum of action taken or proposed to be taken on the recommendations of the Commission and the reasons for non-acceptance of the recommendations, if any, within a period of one year from the date of receipt of such report.
(3) The annual report shall be prepared in such form, manner and contain such details as may be prescribed by the Central Government.

CHAPTER IV

State Commissions For Protection Of Child Rights

17. Constitution of State Commission for Protection of Child Rights .(1) A State Government may constitute a body to be known as the…………………….. (name of the State) Commission for Protection of Child Rights to exercise the powers conferred upon, and to perform the functions assigned to, a State Commission under this Chapter.
(2) The State Commission shall consist of the following Members, namely:
(a) a Chairperson who is a person of eminence and has done outstanding work for promoting the welfare of children; and

(b) six Members, out of which at least two shall be women, from the following fields, to be appointed by the State Government from amongst persons of eminence, ability, integrity, standing and experience in,

(i) education;

(ii) child health, care, welfare or child development;

(iii) juvenile justice or care of neglected or marginalised children or children with disabilities;

(iv) elimination of child labour or children in distress;

(v) child psychology or sociology; and

(vi) laws relating to children.

(3) The headquarter of the State Commission shall be at such place as the State Government may, by notification, specify.

18. Appointment of Chairperson and other Members .The State Government shall, by notification, appoint the Chairperson and other Members:
Provided that the Chairperson shall be appointed on the recommendation of a three Member Selection Committee constituted by the State Government under the Chairmanship of the Minister in-charge of the Department dealing with children.

19. Term of office and conditions of service of Chairperson and Members .(1) The Chairperson and every Member shall hold office as such for a term of three years from the date on which he assumes office:
Provided that no Chairperson or a Member shall hold the office for more than two terms:
Provided further that no Chairperson or any other Member shall hold office as such after he has attained
(a) in the case of Chairperson, the age of sixty-five years; and

(b) in the case of a Member, the age of sixty years.

(2) The Chairperson or a Member may, by writing under his hand addressed to the State Government, resign his office at any time.

20. Salary and allowances of Chairperson and Members .(1) The salaries and allowances payable to, and other terms and conditions of service of, the Chairperson and Members shall be such as may be prescribed by the State Government:
Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairperson or a Member, as the case may be, shall be varied to his disadvantage after his appointment.

21. Secretary, officers and other employees of the State Commission .(1) The State Government shall, by notification, appoint an officer not below the rank of the Secretary to the State Government as the Secretary of the State Commission and shall make available to the State Commission such other officers and employees as may be necessary for the efficient performance of its functions.
(2) The Secretary shall be responsible for the proper administration of the affairs of the State Commission and its day-to-day management and shall exercise and discharge such other powers and perform such other duties as may be prescribed by the State Government.
(3) The salary and allowances payable to, and the other terms and conditions of service of the Secretary, other officers and employees, appointed for the purpose of the State Commission shall be such as may be prescribed by the State Government.

22. Salaries and allowances to be paid out of grants .The salaries and allowances payable to the Chairperson and Members and the administrative expenses, including salaries, allowances and pensions payable to the Secretary, other officers and employees referred to in section 21, shall be paid out of the grants referred to in sub-section (1) of section 28.

23. Annual and special reports of State Commission .(1) The State Commission shall submit an annual report to the State Government and may at any time submit special reports on any matter which, in its opinion, is of such urgency or importance that it should not be deferred till submission of the annual report.
(2) The State Government shall cause all the reports referred to in sub-section (1) to be laid before each House of State Legislature, where it consists of two Houses, or where such Legislature consists of one House, before that House alongwith a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations.
(3) The annual report shall be prepared in such form, manner and contain such details as may be prescribed by the State Government.

24. Application of certain provisions relating to National Commission for Protection of Child Rights to State Commissions .The provisions of sections 7, 8, 9, 10, sub-section (1) of section 13 and sections 14 and 15 shall apply to a State Commission and shall have effect, subject to the following modifications, namely:
(a) references to Commission shall be construed as references to State Commission;

(b) references to Central Government shall be construed as references to State Government; and

(c) references to Member-Secretary shall be construed as references to Secretary.

CHAPTER V

Childrens Courts

25. Childrens Courts .For the purpose of providing speedy trial of offences against children or of violation of child rights, the State Government may, with the concurrence of the Chief Justice of the High Court, by notification, specify at least a Court in the State or specify, for each district, a Court of Session to be a Children’s Court to try the said offences:
Provided that nothing in this section shall apply if
(a) a Court of Session is already specified as a special Court; or

(b) a special Court is already constituted, for such offences under any other law for the time being in force.

26. Special Public Prosecutor .For every Children’s Court, the State Government shall, by notification, specify a Public Prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as a Special Public Prosecutor for the purpose of conducting cases in that Court.

CHAPTER VI

Finance, Accounts And Audit

27. Grants by Central Government .(1) The Central Government shall, after due appropriation made by Parliament by law in this behalf, pay to the Commission by way of grants such sums of money as the Central Government may think fit for being utilised for the purposes of this Act.
(2) The Commission may spend such sums of money as it thinks fit for performing the functions under this Act, and such sums shall be treated as expenditure payable out of the grants referred to in sub-section (1).

28. Grants by State Governments .(1) The State Government shall, after due appropriation made by Legislature by law in this behalf, pay to the State Commission by way of grants such sums of money as the State Government may think fit for being utilised for the purposes of this Act.
(2) The State Commission may spend such sums of money as it thinks fit for performing the functions under Chapter III of this Act, and such sums shall be treated as expenditure payable out of the grants referred to in sub-section (1).

29. Accounts and audit of Commission .(1) The Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the Commission shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Commission to the Comptroller and Auditor-General.
(3) The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the Commission under this Act shall, have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Commission.
(4) The accounts of the Commission as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the Central Government by the Commission and the Central Government shall cause the audit report to be laid, as soon as may be after it is received, before each House of Parliament.

30. Accounts and audit of State Commission .(1) The State Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the State Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the State Commission shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the State Commission to the Comptroller and Auditor-General.
(3) The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the State Commission under this Act shall, have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the State Commission.
(4) The accounts of the State Commission as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the State Government by the State Commission and the State Government shall cause the audit report to be laid, as soon as may be after it is received, before the State Legislature.

CHAPTER VII

Miscellaneous

31. Protection of action taken in good faith .No suit, prosecution or other legal proceeding shall lie against the Central Government, the State Government, the Commission, the State Commission, or any Member thereof or any person acting under the direction either of the Central Government, State Government, Commission or the State Commission, in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules made thereunder or in respect of the publication by or under the authority of the Central Government, State Government, Commission, or the State Commission of any report or paper.

32. Chairperson, Members and other officers to be public servant .Every Member of the Commission, State Commission and every officer appointed in the Commission or the State Commission to exercise functions under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).

33. Directions by Central Government .(1) In the discharge of its functions under this Act, the Commission shall be guided by such directions on questions of policy relating to national purposes, as may be given to it by the Central Government.
(2) If any dispute arises between the Central Government and the Commission as to whether a question is or is not a question of policy relating to national purposes, the decision of the Central Government thereon shall be final.

34. Returns or information .The Commission shall furnish to the Central Government such returns or other information with respect to its activities as the Central Government may, from time to time, require.

35. Power of Central Government to make rules .(1) The Central Government may, by notification, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:
(a) terms and conditions of service of the Chairperson and Members of the Commission and their salaries and allowances under section 6;

(b) the procedure to be followed by the Commission in the transaction of its business at a meeting under sub-section (4) of section 10;

(c) the powers and duties which may be exercised and performed by the Member-Secretary of the Commission under sub-section (2) of section 11;

(d) the salary and allowances and other terms and conditions of service of officers and other employees of the Commission under sub-section (3) of section 11; and

(e) form of the statement of accounts and other records to be prepared by the Commission under sub-section (1) of section 29.

(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to validity of anything previously done under this rule.

36. Power of State Government to make rules .(1) The State Government may, by notification, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:
(a) terms and conditions of service of the Chairperson and Members of the State Commission and their salaries and allowances under section 20;

(b) the procedure to be followed by the State Commission in the transaction of its business at a meeting under sub-section (4) of section 10 read with section 24;

(c) the powers and duties which may be exercised and performed by the Secretary of the State Commission under sub-section (2) of section 21;

(d) the salary and allowances and other terms and conditions of service of officers and other employees of the State Commission under sub-section (3) of section 21; and

(e) form of the statement of accounts and other records to be prepared by the State Commission under sub-section (1) of section 30.

(3) Every rule made by the State Government under this section shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such State Legislature consists of one House, before that House.

37. Power to remove difficulties .(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to be necessary for removing the difficulty:
Provided that no order shall be made under this section after the expiry of the period of two years from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

The Protection of Children from Sexual Offences (Amendment) Bill, 2019

Online Law Library

Status of the Bill: Pending as on 5th March 2019

The POCSO Amendment Bill, introduced by Minister of State in Ministry of Women and Child Development Virendra Kumar, also provides for stringent punishments for other crimes against those below 18 years of age.

The Sections 4, 5, 6 of the Act are proposed to be amended to provide the option of stringent punishment, including death penalty, for committing aggravated penetrative sexual assault on a child.

Besides, Section 9 of the Act is being amended to protect children from sexual offences in times of natural calamities and disasters and in cases where children are administered any hormone or chemical substance to attain early sexual maturity for the purpose of penetrative sexual assault.

The Union Cabinet chaired by Prime Minister Shri Narendra Modi has approved the proposal for Amendment in the Protection of Children from Sexual Offences (POCSO) Act, 2012 in December 2018 to make punishment more stringent for committing sexual crimes against children.

Salient Features:

The POCSO Act, 2012 was enacted to Protect the Children from Offences of Sexual Assault, Sexual harassment and pornography with due regard for safeguarding the interest and well-being of children. The Act defines a child as any person below eighteen years of age, and regards the best interests and welfare of the child as matter of paramount importance at every stage, to ensure the healthy physical, emotional, intellectual and social development of the child. The act is gender neutral.

The amendment in Section-4, Section-5, Section-6, Section-9, Section-14, Section-15 and Section-42 of Protection of Children from Sexual Offences (POCSO) Act, 2012, is made to address the aspects of child sexual abuse in appropriate manner. The modification is made to address the need for stringent measures required to deter the rising trend of child sex abuse in the country.

To discourage the trend of child sexual abuse by acting as a deterrent Section-4, Section-5 and Section-6 are proposed to be amended to provide option of stringent punishment, including death penalty, for committing aggravated penetrative sexual assault crime on a child to protect the children from sexual abuse.

The amendments are also proposed in section-9 to protect children from sexual offences in times of natural calamities and disasters and in cases where children are administered, in any way, any hormone or any chemical substance, to attains early sexual maturity for the purpose of penetrative sexual assault.

Section-14 and Section-15 of the POCSO Act, 2012 are also proposed to be amended to address the menace of the child pornography. It is proposed to levy fine for not destroying/or deleting/ or reporting the pornographic material involving a child. The person can be further penalized with jail term or fine or both for transmitting/propagating/administrating such material in any manner except for the purpose of reporting as may be prescribed and for use as evidence in court. Penal provisions have been made more stringent for storing/possessing any pornographic material in any form involving a child for commercial purpose.

Learn More

Child Protection Laws in India

  1. Bonded Labour System (Abolition) Act, 1976
  2. Child Labour (Prohibition and Regulation) Act, 1986
  3. Child Labour (Prohibition and Regulation) Rules, 1988
  4. Children (Pledging of Labour) Act, 1933
  5. Commission For Protection of Child Rights Rules, 2006
  6. Commissions for Protection of Child Rights (Amendment) Act 2006
  7. Commissions for Protection of Child Rights Act, 2005
  8. Factories Act, 1948
  9. Guardians and Wards act 1890
  10. Hindu Minority and Guardians Act 1956
  11. Immoral Traffic (Prevention) Act, 1956
  12. Juvenile Justice (Care and Protection of Chidlren) Rules, 2007
  13. Juvenile Justice (Care and Protection of Children) Act, 2000
  14. Juvenile Justice (Care and Protection of Children) Amendment Act, 2011
  15. Juvenule Justice (Care and Protection of Children) Amendment Act, 2006
  16. Medical Termination of Pregnancy Act, 1971
  17. Mines Act, 1952
  18. National Food Security Act, 2013
  19. Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994
  20. Prohibition of Child Marriage Act 2006
  21. Protection of Children From Sexual Offences Act, 2012
  22. Protection of Children From Sexual Offences Rules, 2012
  23. Right of Children to Free and Compulsory Education Act 2009
  24. Right of Children to Free and Compulsory Education Rules , 2010
  25. The Juvenile Justice (Care and Protection of Children) Act 2015,Rules, 2016
  26. The Juvenile Justice (Care And Protection Of Children) Act, 2015
  27. Young Persons (Harmful Publication) Act, 1956

 

Donated by Huma Arham

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:-

Age of the child

Maximum composite age of prospective

Maximum age of single

adoptive parents (couple)

prospective adoptive parent

Upto 4 years

90 years

45 years

Above 4 and

100 years

50 years

upto 8 years

Above 8 and

110 years

55 years

upto 18 years

104

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—S EC. 3(i)]

(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.

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(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.

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(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;

(d)

a list of management committee or executive committee or board members showing that the majority

of the members of such committee or board are Indian citizens;

(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;

(vii)

dealing with root search by the adopted 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;

(iv)

photographs of the child taken at intervals of every six

months;

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

(vi)

adoption petition, adoption order and birth certificate of the

child;

(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;

(ii)

Director of the Department of Health or Hospital

Administration

of

the

State

Government;

(iii)Chairperson of a Child Welfare Committee;

(iv)representative of a Specialised Adoption Agency;

(v)

one member from the civil society involved in child welfare and protection for at least ten

years;

(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;

(9)

establish uniform standards and indicators, relating to:-

(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

Juvenile Justice (Care and Protection of Children) birth……………placed in the care of the Specialized Ad

order no…………….dated……………………. of this Committee, is basis of the following:

Act, 2015 (2 of 2016), child…………… date of

option Agency/Child Care Institution(name and address) vide hereby declared legally free for adoption on 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

Child Welfare Committee

Date and Place

Signature of any three members

Date and Stamp

To:

Specialised Adoption Agency/ District Child Protection Unit – to post this certificate in Child Ad option

Resource Information and Guidance System (CARINGS).

Copy to:

District Child Protection Officer (DCPO), Name of the District.

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:-

(a)

Smile

(b)

Turn on his sides

(c)

Lift its head

(d)

Grasp objects in its hand

(e)

Crawl on its own

(f)

Sit with full support or Sit without support

(g)

Stand with support

or

Stand without support

(h)

Walk with support

or

Walk without support

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.)

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131

12.

I ______________ Social Worker hereby certify that the information given in this form about child _______ is

correct.

Signature:

Place:

Name:

Date:

Designation:

We have read and understood the contents of the Child Study Report and are willing to accept __________as our adoptive child.

(Signature of the male applicant)

(Signature of the female applicant)

(Name of the male applicant)

(Name of the female applicant)

Place and Date:

Place and Date:

SCHEDULE III

[See regulations 2(13), 6(15), 7(18), 58(5)(a) and 58(6)(a)]

MEDICAL EXAMINATION REPORT OF THE CHILD

A duly registered physician should complete the report. If any information is not available, please state “Not Available”. (if the child is below 1 year, he/she should be examined by Paediatrician)

Child Adoption Resource Information and Guidance System (CARINGS)

Registration No.

Health Status: Normal/Special Need

Date of Admission:

Name of the Specialised Adoption Agency:

Name of the Child Care Institution:

A. General Information

1.

Name of the child :

2.

Date and year of birth :

3.

Sex:

4.

Place of birth:

5.

Nationality:

6.

Name of the present institution:

Placed since:

7.

Weight at birth (in kg. at admission):

kg.

8.

Head Circumference :

9.

Length at birth (in cm. at admission):

cm.

10.

Was the pregnancy and delivery normal? Yes or No or Do not know

11.

Where has the child been staying?

With his or her mother:

from

to

With relatives:

from

to

In private care:

from

to

In institution or hospital:

from

to

(Please state the name of the institution or

institutions concerned)

Note: In case of new born children, refer to Medical Test for different age groups in Schedule IV [paragraph (A) New Born].

B. Medical Details

1.

Has the child had any diseases during the past ? (if yes, please indicate the age of the child in respect to each

disease, as well as any complication):

Yes or No or Do not know

2.

If yes:

Children’s ordinary diseases (whooping cough, measles, chicken-pox, rubella, mumps):

Tuberculosis:

Convulsions (incl. Febrile convulsions):

Any other disease:

Exposure to contagious disease:

3.Has the child been vaccinated against any of the following diseases:

Yes or No or Do not know

4. If yes:

Tuberculosis (B.C.G.)

Date of immunisation:

Diphtheria

Date of immunisation:

Tetanus

Date of immunisation:

Whooping cough

Date of immunisation:

Poliomyelitis

Date of immunization:

Hepatitis A

Date of immunisation:

Hepatitis B

Date of immunisation:

MMR (Measles)

Date of immunization:

Other immunizations

Date of immunisation:

5.Has the child been treated in hospital?

Yes or No or Do not know

6.If yes state name of hospital, age of child, diagnosis, and treatment:

7.Give, if possible, a description of the mental development, behaviour and skills of the child.

(i)

Visual

When was the child able to fix?

(ii)

Aural

When was the child able to turn its head after sounds?

(iii)

Motor

When was the child able to sit by itself?

When was the child able to stand with support?

When was the child able to walk without support?

(iv)

Language

When did the child start to speak monosyllables?

When did the child start to say single words?

When did the child start to speak sentences?

(v)

Contact

When did the child start to smile?

How does the child communicate with adults and other children?

How does the child react towards strangers?

(vi)

Emotional

How does the child show emotions (anger, uneasiness, disappointment, joy)?

 Medical Examination Details:

1.Date of the Medical Examination

2.Colour of hair:

3.Colour of eyes:

4.Colour of skin:

5.Through my complete clinical examination of the child I have observed the following evidence of disease, impairment or abnormalities (in case applicable):

(i)Head (form of skull, hydrocephalus, craniotabes )

(ii)Mouth and pharynx (harelip or cleft palate, teeth)

(iii)Eyes (vision, strabismus, infections)

(iv)Ears (infections, discharge, reduced hearing, deformity)

(v)Any dysmorphic facies? If yes, describe

(vi)Organs of the chest (heart, lungs)

(vii)Lymphatic glands (adenitis)

(viii)Abdomen (hernia, liver, spleen)

(ix)Genitals (hypospadia, testis, retention)

(x)Spinal column (kyphosis, scoliosis)

(xi)Extremities (pes equines, valgus, varus, pes calcaneovarus, flexation of the hip, spasticity, paresis)

(xii)Skin (eczema, infections, parasites)

(xiii)Other diseases?

6.Are there any symptoms of syphilis in the child? Result of syphilis reaction made (date and year): Positive or Negative or Not done

7.Any symptoms of tuberculosis?

Result of tuberculin test made (date and year): Positive or Negative or Not done

8. Any symptoms of Hepatitis B?

Result of tests for Hbs Ag (date and year):Positive or Negative or Not done

Result of test for anti-HBs (date and year): Positive or Negative or Not done

Result of tests for HBeAg (date and year): Positive or Negative or Not done

Result of tests for anti HBe (date and year): Positive or Negative or Not done

9.Any history of Jaundice and blood transfusion? Results of tests for HBsAG (date and year)?

If positive, whether specialist consultation taken (yes/ no, date and year); and further tests/ treatment undertaken (attach a copy of the documents)

10.HIV Test (refer to Standard Medical Test at Schedule IV)

HCV (Hepatitis C) (refer to Standard Medical Test at Schedule IV)

11.Does the urine contain: Sugar?

Albumen?

Phyenylketone?

12.Stools (diarrhoea, constipation):

Examination for parasites: Positive or Negative or Not done

13.Is there any mental disorder or retardation of the child?

14.Give a description of the mental development, behaviour and skills of the child.

15.Any additional comments?

Note:

1.Refer to Infants between 1 month to 1 year of age in Section ‘B’ of Medical Test in Schedule IV.

2.Refer to Age 1-3 years and more than 3 years of Medical Test in Schedule IV [paragraph (C)].

D. Report concerning the psychological and social circumstances of the child (wherever required, assistance may be taken from special educator, physiotherapist, speech therapist and the social worker)

Please decide on each heading.

(i) Activity with toys (age appropriate as applicable):

1.The child’s eyes follows rattles or toys, that are moved in front of the child

2.The child holds on to a rattle

3.The child plays with rattles: putting it in the mouth, shaking it, moving it from one hand to the other etc.

4.The child puts cubes on top of each other.

5.The child plays purposely with toys: pushes cars, puts dolls to bed, feeds dolls etc.

6.The child plays role-play with toys with other children.

7.The child draws faces, human beings or animals with distinct features.

8.The child cooperates in structured games with other children (ballgames, card games etc).

(ii) Vocalization or language development (age appropriate as applicable):

1.The child vocalizes in contact with caregiver    

2.The child repeats different vowel-consonantcombinations (ba-ba, da-da, ma-ma etc.)

3.The child uses single words to communicate

4.The child speaks in sentences

5.The child understands prepositions as: on top of, under, behind etc.

6.The child uses prepositions as: on top of, under, behind etc.

7.The child speaks in past tense

8.The child writes his own name

9.The child reads simple words

10.Any other observation

(iii) Motor development (age appropriate as applicable):

1.The child turns from back to stomach from age: _____________

2.The child sits without support from age: ___________________

3.The child crawls or moves forward from age:_________________

4.The child walks with support of furniture from age: ________

5.The child walks alone from age:__________________________

6.The child climbs up and down stairs with support from age: ____

7.The child climbs up and down stairs without support from age:__

(iv) Contact with adults (age appropriate as applicable):

1.The child smiles in contact with known caregiver

2.The child is more easily soothed when held by known caregiver

3.The child cries or follows known caregiver, when the caregiver leaves the room

4.The child actively seeks known caregiver when he or she is upset or has hurt him or herself

5.The child seeks physical contact with all adults, that come into the ward    

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6.The child communicates his feeling in words to caregivers

(v)Contact with other children (age appropriate as applicable):

1.The child shows interest in other children by looking or smiling at their activity

2.The child enjoys playing beside other children

3.The child engages actively in activities with other children

(vi)General Level of Activity:

1. Active

2. Overactive

3. Not Very Active

(vii) General mood :

1.Sober

2.Emotionally indifferent

3.Fussy, difficult to soothe

4.Happy, content

In case of special needs child, specify the category of the child.

Overall Observation of the child:

Signature of the Examinee Physician Designation and Registration No.

Stamp

Date

E. Acceptance of Medical Examination Report by Prospective Adoptive Parent(s)

We have read and understood the contents of the Medical Examination Report and are willing to accept __________ as our adoptive child.

(Signature of the male applicant)

(Signature of the female applicant)

(Name of the male applicant)

(Name of the female applicant)

Date:

Date:

Place:

Place:

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.

(2)

Following shall be considered while conducting the medical test:

(a)

The interest of the child has to be foremost.

(b)

If the test results warrant further testing, specific therapy or consultation with specialists, should be undertaken

by the agency/ institution where the child is staying.

(3)

Medical Tests for different age groups:

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

***

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SCHEDULE V

[See regulation 7 (3) ]

DEED OF SURRENDER

Case No…………..

In Re………………….

1.

I/We,

the

undersigned…………………….

(Family

name/Firs

t

name(s))

residing

at

……………………………………., surrender my/our child(ren) ………………

…………..

(named)

Aged…………, having date of birth ………………… on our own a

nd without

any coercion, compulsion,

threat, payment, consideration, compensation of any kind;

2.I/we have been counselled and informed:

(a)about the implication that I/we can withdraw our consent until 60th day of this surrender deed after which my/our consent will be irrevocable and I/we shall have no claim over the child or children.

(b)have been made aware of the implications of surrender and are conscious of the fact that after the 60th day from date of the surrender deed, the legal parent-child relationship between my/our child or children and me/us will be terminated.

(c)understand that my/our child may be adopted by person(s) residing in India or abroad and give my/our consent for this purpose.

(d)understand that the adoption of my/our child will create a permanent parent-child relationship with the adoptive parent(s) and then cannot claim back the child.

3.I/we wish/do not wish (please tick whichever is applicable) my/our identity and address to be disclosed to my/our child when he/she returns for root search.

4.I/we declare that I/We have read the above statements carefully and have fully understood the same.

Done at …………….

on…………..

[Signature or Thumb Impression of surrendering person(s)]

5.Declaration by Witnesses

We the undersigned have witnessed the above surrender.

(a)Signature, Name and Address of the first witness

…………………………………………………………………

…………………………………………………………………

(b)Signature, Name and Address of the second witness

………………………………………………………………..

…………………………………………………………………

6.Certification of child welfare committee

We hereby certify that the person and the witness(es) named or identified above appeared before me this date and signed this document in our presence.

Done at …………….

on…………..

Signature and Seal of Members/

Chairperson Child Welfare Committee

SCHEDULE VI

[See regulations 9(1), 15(3), 20(1), 40(6), 42(3), 52(1) and 53(3)]

ONLINE REGISTRATION FORM

AND LIST OF DOCUMENTS TO BE UPLOADED

Date of Registration:

Applicant category:

Indians living in India, the prospective adoptive parents will have to register

themselves.

In case of overseas citizen of India or a foreign national habitually residing in

India, the prospective adoptive parents have to register themselves.

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In cases of non-resident Indian, overseas citizen of India or a foreign prospective

adoptive parents habitually residing in a foreign country, registration shall be done

by Authorized Foreign Adoption Agency (AFAA) or Central Authority (CA) or

Foreign Government department concerned in the country of residence.

In case of non-Hague countries, Indian mission abroad can process the

applications of non-resident Indian prospective adoptive parents.

Applicant status:

Single-unmarried/widow/widower/divorcee/ legally separated

or

Married couple

(Date of marriage, place of marriage)

Personal Information:

Male

Female

Name

Date of Birth

Nationality by Birth

Current Nationality/Citizenship

Current residential address

City/District

State

Country

Zip/Pin code

Phone no.

Mobile no.

Email

Occupation Details

Nature of occupation

Govt. job/private job/ public sector

job/ Business /Non-profit

Organisation/ consultant/

professional/ Others/ Not Working

Place of Work

Annual Income

No. of Biological/ Adopted Children

Total (

)

Identification Details (as applicable):

PAN Number

Aadhar Card Number

Overseas Citizens of India Card

Number

Passport Number

Preference for Adoption:

Gender

Boy/Girl/No Choice

Child Category

Sibling/Single

Health Status

Normal/Physically Challenged/Mentally Challenged

Age

0-2 years/2-4 years/4-6 years/6-8 years/8-10 years/10-12 years/ 12-14 years/14-

18 years

Preference for State:

Name of the Agency for Home Study

Report

Address of the Agency

Motivation for Adoption

(Max 200 characters)

In case of Resident Indians, Overseas

Documents to be uploaded at the time of registration

Citizens of India/Foreign prospective

1.

In-country Adoption (Indians residing in India)

adoptive parents residing in India, the

Current family photograph/ Photograph of person adopting a child

prospective adoptive parents shall

(1)

have to register themselves with all

(2)

PAN Card of the prospective adoptive parents

relevant documents.

Birth certificate/Proof date of birth of the parents (In case

of married

(3)

couple, upload Birth Certificate of both the applicants)

(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.

In case of NRI/ Overseas Citizens of

department/income tax return)

India/Foreign prospective adoptive

(6)

Certificate from a medical practitioner certifying that the prospective

parents residing abroad, registration

adoptive parents do not suffer from any chronic, contagious or fatal disease

will be done by the concerned

and they are fit to adopt (In case of married couple, upload Medical

authority, i.e. Authorised Foreign

Certificate of both the applicants)

Adoption Agency (AFAA) or Central

(7)

Marriage certificate/Divorce Decree/ Declaration from the competent court

Authority (CA) or Government

or affidavit on oath pertaining to divorce in case of divorce governed by

department or Indian Mission (in

personal law where decree of divorce is not mandatory/Death certificate of

cases of Indian citizens) only after

spouse whichever is applicable.

completion of Home Study Report.

2.

Inter-country Adoption in cases of NRI/Overseas Citizens of India and

This is also applicable in case of

Foreign prospective adoptive parents

Overseas Citizen of India or foreign

prospective adoptive parents residing

in India

(1) Photograph of the applicant(s)

(2)

Home Study Report of Overseas Citizens of India and foreign prospective

adoptive parents residing in India to be uploaded later after registration)

(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 (Male prospective adoptive parent)

(7) Birth Certificate (Female prospective adoptive parent)

(8) Proof of Residence

(9) Proof of income of last year (e.g. salary slip/income certificate issued by

Government

department /Income tax return)

(10) 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.

(11) Police Clearance certifying the antecedents of male prospective adoptive

parent.

(12) Police Clearance certifying the antecedents of female prospective adoptive

parent.

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(13)Marriage Certificate (in case of couple)

(14)Copy of 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 the spouse (if applicable).

(15)Undertaking from the relative in case of single PAP (if applicable).

(16)In case of Overseas Citizens of India/Foreign prospective adoptive parents living in India, a copy of No Objection Certificate from their Embassy/ High Commission for adoption and assurance for post adoption follow up in case the prospective adoptive parents relocate from India (if applicable).

(17)1st Reference Letter from a respected member of the society known to the PAPs.

(18)2nd Reference Letter from a respected member of the society known to the PAPs.

Other documents to be uploaded after referral

(19) Consent of the older child/children in the family(more than five years of

age)

(20)Consent of the older child to be adopted

(21)Permission of the receiving country as per Article 5 or 17 of the Hague

Adoption Convention (applicable in case of Hague ratified country).

(22)In case of prospective adoptive parents residing abroad, undertaking from

the prospective adoptive parents to allow personal visits by the

representative of the Authorised Foreign Adoption Agency (AFAA) or CA

(Central Authority) or concerned Government department or Indian

Mission, as the case may be, for follow-up of the progress of the child as

required under the Adoption Regulations.

(23)In case of Overseas Citizen of India/foreign prospective adoptive parents

living in India, undertaking from the concerned Specialised Adoption

Agency to provide post adoption follow-up.

(24)In case of Overseas Citizen of India/foreign prospective adoptive parents

living in India, undertaking to allow personal visits of the representative of

the Specialised Adoption Agency or District Child Protection Unit or State

Adoption Resource Agency at least for a period of two years from the date

of adoption.

(25)Undertaking from the Authorised Foreign Adoption Agency to provide

progress report of the child for a period of two years and make alternate

arrangement in case of disruption.

In case of NRI and Overseas Citizen

3.

Inter-country Relative Adoption

of India prospective adoptive parents

At the time of registration, all requisite documents to be uploaded in Child

residing abroad, registration will be

Adoption Resource Information and Guidance System as stated above in

done by the concerned authority, i.e.

cases of inter-country Adoption[(1)-(15)].

Authorised Foreign Adoption Agency

Other documents to be uploaded after referral

(AFAA) or Central Authority (CA) or

Government department or Indian

(1)

Consent of the older child/children in the biological family (more than five

Mission (in cases of Indian citizens)

years).

for the purpose of relative adoption

Consent of the older child to be adopted.

only after completion of Home Study

(2)

Report.

(3)

Permission of the receiving country as per Article 5 or 17 of the Hague

Adoption Convention (applicable in case of Hague ratified country).

(4)

Relationship of the prospective adoptive parents to the relative child

(family tree)

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(5)

Recent family photographs of the child, adoptive parents and biological

parents.

(6)

Consent of the biological family as provided in Schedule XIX.

(7)

Permission from the Child Welfare Committee to the legal guardian to

surrender the child in adoption with the relative as provided in Schedule

XXII (if applicable).

(8)

Family background report by District Child Protection Unit as provided in

Schedule XXI.

In case of In-country Relative

4. Documents to be uploaded in any case of In-country Relative Adoption

Adoption, the prospective adoptive

(1)

Proof of residence of the prospective adoptive parents.

parents have to register for such

Consent of the older child of the prospective adoptive parents for such

adoptions in Child Adoption

(2)

Resource Information and Guidance

adoption (required only in case the child is more than 5 years.)

System and handover relevant

(3)

Consent of the biological parents (as provided in Schedule XIX of the

documents to District Child

Adoption Regulations)

Protection Unit to upload in Child

Permission from the Child Welfare Committee to the legal guardian to

Adoption Resource Information and

(4)

Guidance System

surrender the child in adoption with the relative as provided in Schedule

XXII (if applicable).

(5)

Affidavit by prospective adoptive parents in support of their relationship,

financial and social status as provided in Schedule XXIV of the Adoption

Regulations.

(6)

Adoption order from court.

In case of Adoption of child/children

5.

Documents to be uploaded in case of Adoption of child/children by

by step-parent, the biological and step

step-parent

parents have to register in Child

(1)

Proof of residence of the biological parent and spouse adopting the

Adoption Resource Information and

Guidance System and provide

child/children along with the proof of them being legally wedded.

Consent of the biological parent(s), spouse adopting the child/children as

relevant documents by uploading the

(2)

same online through CARINGS.

provided in Schedule XX of the Adoption Regulations.

(3)

Documents as required to be attached with Schedule XX of the Adoption

Regulations, in case applicable.

(4)

Adoption order from court.

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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.

CARINGS REGISTRATION NO.

DATE OF REGISTRATION

PAN CARD NO

AADHAR CARD NO, IF AVAILABLE

PASSPORT NO, IF APPLICABLE

NAME OF THE SOCIAL WORKER

DATE OF HOME VISIT

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?

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

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5.Please describe how the prospective adoption would affect other members residing with you and their support to the child.

B.Family background information:

Particulars

Male Applicant

Female Applicant

Name (underline Family name)

Date of birth

Place of birth

Citizenship

Address

Email ID

Contact Phone No. and Mobile No.

Religion

Language(s) spoken at home

Date of Marriage

Date of Earlier Marriage (if any)

Date of divorce (if any)

Educational Qualification

Employment/

Occupation

Name and Address of the present

Employer/Business concern

Annual Income

Health Status

Photograph of the

prospective adoptive parents

(1)Provide following information about your parents.

Details about Parents of the Applicants

Male Applicant

Female Applicant

Father

Mother

Father

Mother

Name in full

Age

Nationality/Citizenship

Occupation

Previous occupation

Presently residing with prospective

adoptive parent (Indicate Yes/No)

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[PART II—S EC. 3(i)]

(2)Please complete the following table with the names of each of your respective children (adopted and biological), their sex, educational status (kindergarten, elementary, etc.) and dates of birth.

Name of the Child

Sex

Date of Birth

Educational Status

(3)Please provide age, gender, occupation, and nature of the relationship of other family member(s) residing with prospective adoptive parents.

Name

Nature of Relationship

Age

Gender

Occupation

(4)Please provide details of any other non-related adults/children living in the home (e.g. house help, staff, outside personnel etc):

_______________________________________________________________________

_______________________________________________________________________

C.Professional/Employment Details (Professional career details for last 5 years): Please complete the following table with details relating to your professional career.

Male Applicant

Organisation

Employer Details (Name and

Job Title

From

To

Address)

Female Applicant

Organisation

Employer Details (Name and

Job Title

From

To

Address)

D.Financial Position: (Give a short description of your income from all sources, savings, investments, expenditures and liabilities).

_______________________________________________________________________

_______________________________________________________________________

Please provide your most recent tax invoices, bank statements etc. of both of you. Do you have any outstanding debts, mortgages etc.

(a)If yes, please provide supporting documentation;

(b)No

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E.Current marital relationship and quality of marital relationship (if applicable): (Give details about the marriage, legal separation, if any, reasons for such separation, present marital life and decision making procedures).

(1)Please specify your marital status: ______________________

(2)Please describe the procedures you and your spouse use to reach a decision.

F.Attitude of grandparents/extended family members, other relatives and significant others towards the present adoption: (Give a short description about the opinion of other important persons towards adoption who would have impact in the child rearing process when the child arrives in the receiving country.)

G.Anticipated Plans of the prospective adoptive parents for adopted child and rearing in the Family:

(1)Please describe how you will manage caring for the adopted child and other life commitments such as work.

(2)Who will be responsible for caring for the child when you are at work, or absent from the familial home (domestic help, grandparents and spouse).

(3)In case the adopted child demonstrates adjustment difficulties, please describe the steps that you plan to take to ease his/her transition into the family?

H.Preparation and Training for Adoption: (Give details about the counselling if undergone on adoption, child care, handling of needs of children, prospective adoptive parents training and/or experiences in parenting children having special needs, if any)

Understanding about adoption procedure: Reading of reference materials:

Learning from friends/relatives: Interaction with adoptive parents groups:

Learning through counselling from professional:

I.Possible Rehabilitation Plan for the child in case of any eventuality with prospective adoptive parent(s): (Give a short description about your plan for the security of the child in case you face any short or long term eventuality. In case you are a single prospective adoptive parent, please give a short description about the close relative who would be giving undertaking for the security of the child).

(1)Does your work require you to travel?

(2)Who would care for the child in your absence? Please provide a brief description including his/her age, gender, occupation and relationship:

(3)In the event of unforeseen misfortune do you have someone who could take legal guardianship of child? If so, Please provide a brief description including his/her age, gender, occupation and relationship and contact details:

J.Health Status (Emotional and Physical):

(1)Do you or your spouse suffer from any medical condition? If so, would you please provide details?

(2)Are you or your spouse currently being treated by a psychologist or psychiatrist?

(3)Are you currently taking any prescribed medication?

(4)Are there currently any child(ren) in your house being treated for a severe medical condition?

(5)Does your family have health and hospitalization insurance coverage for all family members?

K.Certified that the above information is true to best of our knowledge

Name and signature of the prospective adoptive parents

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[PART II—S EC. 3(i)]

PART – 2

(To be filled up by the Social Worker preparing the Home Study Report)

As far as possible, the Home Study Report has to be completed within a period of one month from the date of registration.

The social worker should attempt to put the prospective adoptive parents at ease by opening the conversation with a warm-up question. The social worker should employ non-verbal cues such as inclining the head and nodding to indicate that the prospective adoptive parents are actively listening. After each question, the social worker may provide the prospective adoptive parents with sufficient time to respond. Any verbal response by the social worker to an answer by the prospective adoptive parents should be neutral and non-judgmental. The social worker should attempt to establish eye contact as much as possible between reading the question and jotting down the response of the prospective adoptive parents to demonstrate empathy. The social worker should try to avoid interrupting the prospective adoptive parents unless they do not understand a response.

(The information/facts filled in the template shall be kept confidential by the agencies /authorities.)

1.Factual Assessment:

(i)Have you verified the contents of the facts mentioned in Part I of the template?

Yes/No

(ii)Are you satisfied about the facts mentioned in the documents vis-à-vis observation during interviews a nd visits?

Yes/No

2.Psycho-social Assessment:

2.1Interaction with the prospective adoptive parents

(i)Have you interacted with the prospective adoptive parents individually and/or jointly?

(ii)Are the prospective adoptive parent(s) well prepared for adoption? In case of single prospective adoptive parent, please mention about family support system.

(iii)Do you think that prospective adoptive parents have expressed their genuine feeling for parenting?

2.2Home visit findings:

(i)When did you visit the home of the prospective adoptive parents? Who were the members present during your visit?

(ii)Whom did you interact during the home visit?

(iii)Have you met any neighbour/relative? Give a detailed description about the interaction?

(iv)Whether the home environment is conducive for the child? If no, what steps can be taken to improve the situation? Have you advised the prospective adoptive parents?

(v)Are the prospective adoptive parent(s) well prepared for adoption?

(vi)Do you think that prospective adoptive parent(s) have expressed their genuineness during the interaction?

(vii)Did the prospective adoptive parent(s) have any doubt about parenting issues or any other issues? Have you cleared their doubts?

2.3Interaction with the family members:

(i)Have you interacted with other family members of the prospective adoptive parents? What is their opinion about the proposed adoption? Are they positive about the adoption?

(ii)Are there any other family member(s) whom you could not interact but they might have a larger role in the proposed adoption? If so, how did you do their assessment? Did you take their views subsequently?

(iii)Have you interacted with older child(ren) present in the home of the prospective adoptive parents? If yes, please give details.

(iv)Have you noticed any adverse remarks from the family members? If so, how far those remarks may have an impact on the adoption process?

2.4Financial capacity:

(i)What is your opinion about the financial status of the prospective adoptive parent(s)? Are they financially sound to welcome another member into their family?

(ii)Have you observed any financial situation which is not disclosed in Part-I?

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2.5Physical and emotional capacity:

(i)Are the prospective adoptive parents(s) in a good physical and emotional state to take care of a child?

(ii)Have you observed any physical or psychological issues with the prospective adoptive parent(s) or any other family member that is going to affect the life of the upcoming child? If so, give details.

(iii)Provide details of number of rooms in the house and if there is adequate space for the child to be supported.

(iv)Are the prospective adoptive parent(s) emotionally equipped enough to take care of a child?

3.Recommendation for adoption.

3.1Do you recommend the prospective adoptive parent(s) for adoption? Put your views and rationale for recommending the prospective adoptive parents for adoption including the parent(s) suitability. (Attach additional sheets, if required)

3.2In case you do not recommend the prospective adoptive parents for adoption, appropriate reasons for taking such decision must be given in detail.

Signature, name, designation of Social Worker

SCHEDULE VIII

[See regulations 11(1) and 16(2)]

PRE-ADOPTION FOSTER CARE UNDERTAKING

(IN THE FORM OF AN AFFIDAVIT)

We, Mr. ______________, aged ____ years, citizen of ______________ and Mrs. _______________ aged

________years, citizen of ________________, permanently residing at __________ ______________

________________________ present address being _____________________________ proposed Adopters of child

_____________ (new full name) @ ___________ (old name) born on _________ presently in the care of

___________________________ (name and address of the Specialised Adoption Agency), do solemnly hereby declare as follows:

(1)We are taking the above mentioned child in pre-adoption foster care, pending the adoption order by the Court concerned.

(2)We understand that until the final adoption order from the Court concerned is received, the said child shall be under the authority and guardianship of _________________________ (name of Specialised Adoption Agency) and we shall only remain the foster parents of the child.

(3)The child placed with us will be given all necessary education, medical care, attention, nutrition and treatment required.

(4)In case of any untoward incident with the child, we will report the same to the Specialised Adoption Agency immediately.

(5)The institution will be kept informed about the development of the child once a month till the final court order is issued.

(6)We shall attend to the legal formalities and court hearing when called upon to do to.

(7)We undertake to bring-up the child/children as our own.

(8)We shall allow the authorised social worker/functionary of the Specialised Adoption Agency/District Child Protection Unit/State Adoption Resource Agency to visit our home for undertaking post-adoption follow up to ascertain the progress and well-being of the child/children in our family.

(9)We further undertake to inform any change of place of our residence (other than as stated in this application), to the Specialised Adoption Agency, District Child Protection Unit and the State Adoption Resource Agency concerned for the purpose of post adoption follow-up.

Mr. __________________

Mrs. _____________

Prospective Adoptive Father

Prospective Adoptive Mother

Date: ____________

Witness:

Name:

Name:

Signature:

Signature:

Address:

Address:

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[PART II—S EC. 3(i)]

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)

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(12)Marriage Certificate (in case of couple)

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

(14)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).

(15)Consent of the older child/children in the adoptive family (if more than 5 years)

(16)Authorisation Certificate of Authorised Foreign Adoption Agency (not required in case of Central Authority or Government department or Indian Mission)

(17)Undertaking from the Authorised Foreign Adoption Agency concerned for furnishing post adoption follow-up report and for necessary action in case of disruption (not required in case of CA or Government department or Indian Mission)

(18)Permission of the receiving country as per Article 5/17 of the Hague Adoption Convention.

(19)Undertaking for permitting home visit to the social worker during post-adoption follow-up.

(20)Power of Attorney from the prospective adoptive parents in favour of the authorized functionary of the Specialised Adoption Agency to file the adoption application on their behalf in the court.

To be arranged by the Specialised Adoption Agency

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

(22)Medical Examination Report of the child signed by the prospective adoptive parents.

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

(24)Recognition certificate of the agency as Specialised Adoption Agency

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

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

(27)Pre-adoption foster care affidavit (wherever required)

(28)NOC issued by CARA in favour of adoption of a child by a Non-Resident Indian/Overseas Citizen of India/Foreign prospective adoptive parents. In case of Overseas Citizen of India/Foreign prospective adoptive parents living in India, a copy of No Objection Certificate from their Embassy/ High Commission for the proposed adoption.

3.Inter-country Relative Adoption

As indicated in Schedule VI of the Adoption Regulations, the prospective adoptive parents shall file the adoption application in the court concerned of the district through their power of attorney, where the child resides with biological parents or guardians.

4.In-country Relative Adoption

As indicated in Schedule VI of the Adoption Regulations, the prospective adoptive parents shall file the adoption application in the court concerned of the district where the child resides with biological parents or guardians.

NOTE: Only the above mentioned list of certificates/documents as applicable are required to be filed. Infertility certificate is NOT required in any case of adoption.

SCHEDULE X

[See regulation 16(1)]

CENTRAL ADOPTION RESOURCE AUTHORITY

(A Statutory Body of Ministry of Women and Child Development)

Certificate Number:

Date:

NO OBJECTION CERTIFICATE

Photograph of the child and the prospective adoptive parents

Certified that the Central Adoption Resource Authority (CARA), the Central Authority of India on adoption matters, under the Ministry of Women and Child Development, Government of India, has ‘NO OBJECTION’ to the adoption of the child/children with the prospective adoptive parents as per the details mentioned below:

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GAZETTE OF INDIA : EXTRAORDINARY

[PART II—S EC. 3(i)]

Ser

Name of

the

Sex

of

Date of Birth

Name and Address of the Prospective Adoptive

No

Child

Child

Parent(s)

(i)

2.This NOC is issued as per Adoption Regulations, 2017 and Article 17 (c) of the Hague Convention on the Protection of Children and Cooperation in respect of inter-country Adoption, 1993.

3.The Specialised Adoption Agency and the Foreign Adoption Agency/Central Authority/concerned Foreign Government department/Indian Diplomatic Mission have been authorized to process this adoption case.

4.The Specialised Adoption Agency shall file the adoption application in the competent court.

Signature and Seal of

Authorized Signatory

To:

(1)Name and address of the Specialised Adoption Agency.

(2)Name and address of the State Adoption Resource Agency / concerned State Government department.

(3)Name and address of Authorized Foreign Adoption Agency (AFAA)/concerned Foreign Government department/Indian Diplomatic Mission.

(4)Diplomatic Mission of the Receiving Country in India.

(5)Central Authority of the Receiving Country.

(6)Foreigners’ Regional Registration Officer (FRRO).

SCHEDULE XI

[See regulation 18(1)]

CENTRAL ADOPTION RESOURCE AUTHORITY

Certificate Number:

Date:

Photograph of the child and the prospective

adoptive parents

CONFORMITY CERTIFICATE

(Under Article 23 of the Hague Convention on Protection of Children and Co-operation in respect of inter-country Adoption, 1993)

1.The undersigned authority:

(Name and address of the competent authority of the State of adoption)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.Hereby certifies that the child:

Family name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

First name(s): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sex: Male [ ] Female [ ]

Date of birth: day . . . . month . . . . year . . . .

Place of birth: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Habitual residence: . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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3.Was adopted according to the decision of the following authority:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Date of the decision: . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Date at which the decision became final: . . . . . . . . . . . . . . . . . . .

(If the adoption was made otherwise than by a decision of an authority, please specify the equivalent details)

4.By the following person(s):

(a)Family name of the adoptive father: . . . . . . . . . . . . . . . . . . . .

First name(s): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Date of birth: day . . . . month . . . . year . . . .

Place of birth: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Habitual residence at the time of the adoption: . . . . . . . . . . . . . .

(b) Family name of the adoptive mother: . . . . . . . . . . . . . . . . . . . .

First name(s): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Date of birth: day . . . . month . . . . year . . . .

Place of birth: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Habitual residence at the time of the adoption: . . . . . . . . . . . . . .

5.The undersigned authority certifies that the adoption was made in accordance with the Convention and that the agreements under Article 17, sub-paragraph c, were given by:

(a)Name and address of the Central Authority of the State of origin:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Date of the agreement: . . . . . . . . . . . . . . . . . . . . . . . . .

(b)Name and address of the Central Authority of the receiving State:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Date of the agreement: . . . . . . . . . . . . . . . . . . . . . . . . .

6.The adoption had the effect of terminating the pre-existing legal parent-child relationship.

Done at . . . . . . . . . . . , on . . . . . . . . . .

Signature and Seal of

Authorized Signatory

To:

(1)Name and address of the Specialised Adoption Agency.

(2)Name and address of the State Adoption Resource Agency/State Government concerned department.

(3)Name and address of Authorized Foreign Adoption Agency (AFAA)/concerned Foreign Government department/Indian Diplomatic Mission.

(4)Diplomatic Mission of the Receiving Country in India.

(5)Central Authority of the Receiving Country.

(6)Foreigners’ Regional Registration Officer (FRRO).

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[PART II—S EC. 3(i)]

SCHEDULE XII

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

POST- PLACEMENT REPORT OF THE CHILD

REPORT NO:

DATE:

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

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(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.

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[PART II—S EC. 3(i)]

SCHEDULE XIV

[See regulation 43]

TIMELINE FOR AUTHORITIES CONCERNED AND AGENCIES

A.Timeline for the processes relating to children:

Ser

Regulation

Action

Time

No

1.

6(2)

Specialised Adoption Agency to produce an

Within 24 hours (excluding journey period).

abandoned child before the Child Welfare

Committee along with a report containing his

photograph and particulars.

2.

6(5)

Specialised Adoption Agency to enter the

Within three working days from the time of

and 7(10)

details of the child along with his photograph

receiving the child.

online in the Child Adoption Resource

Information and Guidance System.

3.

6(6)

District Child Protection Unit to advertise the

Within three working days from the time of

particulars and photograph of an abandoned

receiving the child.

child in a state level newspaper having wide

circulation and local cable networks, wherever

existing.

4.

6(9)

District Child Protection Unit to submit a

Within 30 days from the date of production

report to the Child Welfare Committee on the

of the child before the Child Welfare

efforts made by it for tracing out the biological

Committee for the same.

parents/legal guardian of an abandoned child,

including the outcome of the particulars and

photograph of the child in the newspapers.

5.

6(10)

Specialised Adoption Agency to submit a

Immediately after 30 days from the date of

report to the Child Welfare Committee

production of the child before the Child

regarding the efforts made by it to trace the

Welfare Committee.

biological parent(s) or legal guardian of the

abandoned child.

6.

7(17)

The reconsideration period/reclaiming of the

60 days of the date of surrender.

surrendered child by the biological parent/legal

guardian.

7.

7(18)

Specialised Adoption Agency to upload the

Within ten days from the date of declaration

Child Study Report and Medical Examination

of the child as legally free for adoption by

Report along with latest photograph of the

Child Welfare Committee.

child.

8.

8(a)

A normal child up to 05 years of age to be

For 60 days from the date the child is

available for adoption by a Resident Indian

declared legally free for adoption by the

(RI) and NRI prospective adoptive parents.

Child Welfare Committee.

9.

8(b)

An older child above 5 years of age and

After 30 days from the date the child is

siblings to be available for inter-country

declared legally free for adoption by the

adoption.

Child Welfare Committee.

10.

8(c)

A mentally and physically challenged child to

After 15 days from the date the child is

be available for inter-country adoption.

declared legally free for adoption by the

Child Welfare Committee.

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B.Timeline for Adoption by Resident Indians as well as Overseas Citizens of India/Foreigner living in India:

Ser

Regulation

Action

Time

No

1.

9(5)

The prospective adoptive parents should

Within a stipulated period of thirty days.

upload documents after their registration.

2.

9(10)

Home Study Report of the prospective

Within 30 days from the date of submission

adoptive parents to be completed by the

of required documents in Child Adoption

social worker.

Resource Information and Guidance System.

3.

10(3)

Prospective adoptive parents to reserve one

Within 48 hours from the date and time of

child

referral.

4.

10(6) and 10(7)

Process of matching of the reserved child by

Within 20 days from the date of reserving

the Specialised Adoption Agency and

the child.

acceptance by prospective adoptive parents

5.

12(1)

Specialised Adoption Agency

Within ten working days from

the date of

to file application in the Court for obtaining

matching of the child by the

prospective

adoptive parents.

adoption order from the Court

6.

12(6)

Disposal of the adoption petition by the

Within two months from the date of filing of

Court

the petition.

7.

12(8)

Specialised Adoption Agency to obtain a

Within ten days from the date of adoption

certified copy of the adoption order from the

order.

Court, to forward the same to the prospective

adoptive parents and also to post the same in

the Child Adoption Resource Information

and Guidance System.

8.

12(10)

Specialised Adoption Agency shall apply for

Specialised Adoption Agency shall apply

the birth certificate and obtain the birth

within 3 days from the date of issuance of

certificate of the child from the issuing

the adoption order and it shall be issued by

authority.

the authority within five days.

C. Timeline for Adoption from India by Non-Resident Indian/Overseas Citizen of India/Foreign prospective adoptive parents:

Ser

Regulation

Action

Time

No

1.

15(7)

Reservation

of

one

child

by

the

Within 96 hours

prospective adoptive

parents

from

Child Adoption Resource Information

and Guidance System through the

Authorised

Foreign

Adoption

Agency/Central

Authority

/Government

department/Indian

Mission

2.

15(10)

Acceptance

of

the

child

by

the

Within 30 days

prospective adoptive parents

3.

16(1)

No Objection Certificate by CARA

Within ten days from the date of receipt of

requisite documents including acceptance of the

child by the prospective adoptive parents and

approval of the Central Authority (CA).

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THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—S EC. 3(i)]

Ser

Regulation

Action

Time

No

4.

12(1) & 17(1)

Specialised Adoption Agency to file

Within ten days from the date of receipt of No

adoption petition in the Court

Objection Certificate from Central Adoption

Resource Authority

5.

12(6)

Disposal of the adoption petition by

Within two months from the date of filing of the

the Court

petition.

6.

12(8)

Specialised

Adoption

Agency

to

Within ten days from the date of adoption order.

obtain a certified copy of the adoption

order from the Court, to forward the

same to the prospective adoptive

parents and also to post the same in

the

Child

Adoption

Resource

Information and Guidance System.

7.

18(1)

CARA shall

issue

conformity

Within three working days from the date of

certificate under Article 23 of the

availability of adoption order.

Hague Adoption Convention.

8.

18(3)

Specialised

Adoption

Agency

to

Within three working days from the date of

submit application to the Regional

availability of adoption order.

Passport Officer (RPO) for the

passport to the child.

9.

18(4)

Regional Passport Officer to issue the

Within ten days from the date of receipt of

passport to the child

application for the same.

10.

18(5)

The

Specialised

Adoption Agency

Within a period of three days of obtaining of the

shall approach the birth certificate

certified copy of the adoption order.

issuing authority for birth certificate

of the adopted child

SCHEDULE XV [See regulation 47]

FORMAT FOR QUARTERLY REPORTING OF ADOPTION DATA

BY SPECIALISED ADOPTION AGENCY (SAA)

FINANCIAL YEAR: ____________

Name of the Specialised Adoption Agency:

Address

:

Landline

:

Mobile

:

Fax

:

Email

:

Part I

No of

children placed in

In-country

In-country Adoptions finalised by the

Adoption(pre-adoption foster care)*

Court #

Male

Female

Total

Male

Female

Total

1st Quarter

(April– June)

2nd Quarter

(July – Sept)

3rd Quarter

(Oct – Dec)

4th Quarter

(Jan – March)

Total

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Part II

Pre-Adoption Foster Care in case of inter-country

Inter-country Adoptions finalised by the

Adoption*

Court #

Male

Female

Total

Male

Female

Total

1st Quarter

(April– June)

2nd Quarter

(July – Sept)

3rd Quarter

(Oct – Dec)

4th Quarter

(Jan – March)

Total

*Pre-adoption foster care means, a child who has left the institution with his/her adoptive family during the particular period pending finalisation of adoption court order from the competent court.

# Adoptions completed means, adoption court order finalised during the particular period.

SCHEDULE XVI [See regulation 34 (12)]

MONTHLY REPORT OF THE CHILD WELFARE COMMITTEE (CWC)

TO THE STATE ADOPTION RESOURCE AGENCY

AND CENTRAL ADOPTION RESOURCE AUTHORITY

Name of the District: ______________________________, State __________________

Reporting Month________________, Year _________ Date of Report:

PART-A: Information about children declared legally free for adoption and number of cases pending for decision.

Child Category

No. of

No of new

Total number

Break-up of pendency before CWC

cases

cases

of children

Children below 2 yrs of

Children above 2 yrs of

pending

produced

declared

age

age

from

during the

legally free for

previous

current

adoption

month

month

during the

month

M

F

M

F

M

F

Pending

Pending

Pending for

Pending for

for > 2

for > 4

> 4 months

> 6 Months

months

months

1

2

3

4

5

6

7

8

9

10

11

Orphan

Aband-oned

Surre-ndered

Any other (specify)

Total

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[PART II—S

EC. 3(i)]

PART-B: List of children declared legally free for adoption during the month of _____________

Ser

Name

Date

Gender

Date

of

Name

and

Category

(orphan/

Date

of

Date

on

Reasons

No

of the

of

production

address of

the

abandoned/ surrendered)

receipt of

which

for

Child

Birth

before

Child

Care

application

declared

pending,

CWC

Institution (CCI)/

in

CWC

legally

if

not

and

case

Specialised

from

free

for

cleared

Adoption Agency

CCI/SAA

adoption

no

(SAA) which

for

produced the child

declaring

the

child

legally free

for

adoption

[Note: The above information shall be entered online in the Child Adoption Resource Information and Guidance System (CARINGS) by the respective SAA/DCPU and the DCPU concerned shall validate the same in the CARINGS on real time basis, through physical verification wherever required for further transmission to Child Welfare Committee). The DCPU shall be responsible for the data integrity].

SCHEDULE XVII

[See regulation 34(12)]

FORMAT FOR REPORTING OF ADOPTION CASES

Part-I: Information regarding Adoption Cases in Child Adoption Resource Information and Guidance System (CARINGS) during the Month____________, Year ______

Name of the Court ____________________________, District ________________, State ___________

Ser

No. of In-country relative

No. of In-country

adoptions

No. of inter-country

No. of

inter-country relative

No

adoptions

under

section

under section 58 of

Juvenile

adoptions

under

adoptions

under section60 of

56(2) of

Juvenile

Justice

Justice Act, 2015

section

59

of

Juvenile Justice Act, 2015

Act, 2015

Juvenile

Justice

Act, 2015

1

2

3

4

Part-II: Details of Adoption cases:

Ser

Type

of

Name of

the

Adoptive

Specialised

Court

Adoption

Date

of filing

Date

of

No

Adoptions done

child

with

Parents

with

Adoption Agency

concerned

petition

of

adoption

adoption order

gender and date

Child Adoption

/Child

Care

Number

petition

of birth

Resource

Institution

Information

concerned

and

and Guidance

their

address

System

(wherever

Registration

applicable)

No.

1

In-country

adoptions under

Section

56(2)

of

Juvenile

Justice

Act, 2015

(2 of 2016)

Total

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161

2.In-countryadoptions under

Section 58 of Juvenile Justice Act, 2015

(2 of 2016)

Total

3.Inter-countryadoptions under Section 59 of Juvenile Justice Act, 2015 (2 of 2016)

Total

4.Inter-countryrelative

(family) Adoptions under Section 60 of Juvenile Justice Act, 2015 (2 of 2016)

Total Grand Total (1+2+3+4)

Note: Information at column 2 and 3 shall be posted by the Specialised Adoption Agency concerned and information related to paragraph 1 and 4 shall be posted by the adoptive parents online in the Child Adoption Resource Information and Guidance System (CARINGS).

SCHEDULE XVIII

[See regulations 2 (21) and 48(3) ]

CLASSIFICATION OF SPECIAL NEEDS CHILDREN

FOR THE PURPOSE OF ADOPTION

A.Physical

1.Refractory or Severe Rickets (Bones)

2.Albinism (Genetic)

3.Birth Asphyxia

4.Blind or Partially Blind

5.Blood disorders (e.g., severe anaemia requiring blood transfusion)

6.Brain Lesions resulting in physical/ neurological or cognitive impairment (certified by paediatrician)

7.Burns (Skin)

8.Cancer

9.Cerebral Palsy

10.Chromosomal Abnormality (Genetic)

11.Chronic Asthma

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[PART II—S EC. 3(i)]

12.Chronic Eczema

13.Cleft Lip-Cleft Palate or Cleft Lip

14.Club Feet

15.Colon Block

16.Colostomy

17.Deaf or Partially Deaf

18.Diabetes

19.Dislocated Hips

20.Dwarfism (Genetic)

21.Ectodermal dysplasia (no sweat glands)

22.Elephantitis

23.Fetal Alcohol Syndrome

24.Fingers/ toes joined (syndactyly)

25.Fingers-toes missing

26.Growth Hormone Deficiency

27.Haemophilia

28.Hare lip

29.Heart conditions of a severe nature

30.Hepatitis B+

31.Hernia

32.HIV

33.Hydrocephalus

34.Hypertonia

35.Ichthyosis (Collodion baby) (Skin)

36.Indeterminate sex (Genetic)

37.Leprosy Active

38.Limbs Missing

39.Low Birth Weight (under 1800 gms)

40.Microcephaly (Neurological)

41.No Anal Tract

42.Absence of one kidney– Physical

43.Urinary Tract Anomalies– Physical

44.One Testicle Missing

45.Chronic otitis media

46.Organs Missing

47.Person with disability

48.Pierre Robin Syndrome

49.Polio – Physical

50.Premature Birth (less than 34 weeks)

51.Retinal Detachment

52.Severe disfiguring birth marks

53.Severe Orthopaedic conditions

54.Speech dysfunction-dysphasia

55.Squint (Severe)

56.Stammering (only severe cases)

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57.Stuttering (only severe cases)

58.Beta thalassemia, Thalassemia Major

59.Tumour

B.Mental

1.Autism certified by a paediatric neurologist or child psychologist

2.Child requiring psychiatric treatment

3.Speech impaired

4.Intellectual disability (certified by a paediatric neurologist or child psychologist)

5.Severe learning disability (certified by a paediatric neurologist or child psychologist)

6.Mental illness.

C.Neurological

1.Multiple Sclerosis

2.Paralysis

3.Spinal bifida

4.Epilepsy/ Seizures/Convulsions (not excluding febrile convulsions)

5.Any other neurological disorders as certified by paediatrician.

D.Any other. Any other child with disabilities as defined in The Rights of Persons with Disabilities Act, 2016.

Note: The categories of ailments listed in this Schedule (compiled with the help of panel of doctors, All India Institute of Medical Sciences) are illustrative and not exhaustive.

Schedule XIX

[See regulations 51(2) and 55(1)]

CONSENT FOR THE PURPOSE OF RELATIVE ADOPTION

A.I/We the undersigned have read the following statements carefully and I/we have information about the effects of my/our consent and I/we am/are making the statement without coercion or threat and without receiving any payment or compensation of any kind.

Biological Father

Biological Mother

Family name: ……………………..

Family name: …………………………….

First name: ……………………………………………

First name: ……………………………………………

Date of birth: day ….month ….year …

Date of birth: day ….month ….year …

Permanent

Permanent

Address: ……………………………………….

Address: ……………………………………….

————————————–

—————————————

I/We

(i)hereby terminate the natural relationship with the child.

(ii)understand that the adoption of this child will create a permanent and legal parent-child relationship with the adoptive parent(s).

(iii)certify that the child has given his/her consent for the said adoption and willing to accept our relative as adoptive parents (wherever applicable).

(iv)certify that our consent has not been induced by payment or compensation of any kind.

(v)agree to place our child/children in adoption with our relative falling under the definition of section 2 (52) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016).

Family name of the child: ……………………………………………..

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[PART II—S

EC. 3(i)]

First name(s):

……………………………………………

Sex: male []

female []

Date of birth: day …. …. ….

month

year

Place of birth: …………………………………………..

Address: ……………………………………….

I/We declare that I/we have fully understood the above statements.

Signed at ……………. …………..

on

(Signature or Thumb Impression of the biological parent(s))

Biological Father

Biological Mother

Note:- Death Certificate of the biological parent to be attached in case he/she is not alive.

B.

Consent of the child, if he has completed five years of age

Countersigned by Biological Parent(s)

C.

Prospective Adoptive Parent(s) Adopting the Child/Children

Adoptive Father

Adoptive Mother

Family name: ……………………..

Family name: …………………………….

First name(s): ……………………………………………

First name(s): ……………………………………………

Date of birth: day …. …. …

month

year

Date of birth: day

….month ….

year …

Permanent

Permanent

Address: ……………………………………….

Address: ……………………………………….

————————————–

—————————————

Pre-adoption

relationship

with

the

child:

Pre-adoption

relationship

with

the

child:

_______________________________

________________________________

I/We, the undersigned:

(i)give my/our consent to adopt the child/children mentioned at part A above, out of my/our free will.

(ii)

understand that the adoption of the child/children will create a permanent

and

legal

parent-child

relationship with me/us with all the rights and duties associated with such relationship.

(iii)declare that I/we have fully understood the above statements.

Signed at

……………. on…………..

(Signature or Thumb Impression of the prospective adoptive parent(s))

Adoptive Father

Adoptive Mother

Photograph of biological parents

Photograph of child

Photograph of prospective adoptive

parents

D.Declaration by Witnesses

I/We the undersigned have witnessed the above.

(a)Signature, Name and Address of the first Witness with ID proof

…………………………………………………………………

…………………………………………………………………

(b)Signature, Name and Address of the second Witness with ID proof

………………………………………………………………..

…………………………………………………………………

Signed at ……………. on …………..

(Photographs of the child/children to be adopted, the biological parents/guardians and the witnesses are required to be pasted and attested in front.)

Schedule XX

[See regulation 52(2) and 55(2)]

CONSENT OF BIOLOGICAL PARENT(S) ALONG WITH STEP-PARENT

TO OBTAIN THE PERMISSION OF CHILD WELFARE COMMITTEE

FOR ADOPTION OF CHILD/CHILDREN BY BIOLOGICAL PARENT

AND THE STEP-PARENT

A.I/We the undersigned:

Biological Father

Biological Mother

Family name: ……………………..

Family name: …………………………….

First name: ……………………………………………

First name: ……………………………………………

Date of birth: day ….

month ….

year …

Date of birth: day ….month ….

year …

Permanent

Permanent

Address: ……………………………………….

Address: ……………………………………….

————————————–

—————————————

(i)

hereby relinquish/surrender my/our natural right/claim with my/our child/children ——————————–

— (name, gender, date of birth).

(ii)

understand that the adoption of this child will create a permanent and legal parent-child relationship with the

step-parent & the biological parent adopting the child.

(iii)

certify that the child/children has/have given his/her/their consent for the said adoption and is/are

willing

to

accept the step-parent adopting the child/children as father/mother (strike out which is not applicable).

(iv)

certify that

my/our

consent

above is given out of free will and has not been induced by payment

or

compensation of any kind.

(v)

declare that I/we have fully understood the above statements.

Signed at …………….

on…………..

(Signature or Thumb Impression of the biological parent(s))

Biological Father

Biological Mother

B.

Consent of the child /children at A (i), if completed five years of age before Child Welfare Committee.

Countersigned by Biological Parent(s)

C.

Step Parent & the Biological Parent Adopting the Child/Children.

Family name: ……………………..

First name(s): ……………………………………………

Date of birth: day ….

month ….

year …

Permanent

Address: ……………………………………….

We, the undersigned:

(i)

give our consent to adopt the child/children mentioned at A (i) above, out of our free will.

(ii)

understand that the adoption of the child/children will create a permanent

parent-child

relationship

with all the rights and duties associated with such relationship.

(iii)

declare that

we have fully understood the above statements.

Signed at …………….

on…………..

(Signature or Thumb Impression of the step-parent & the biological parent)

Step-Parent

Biological Parent

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THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—S EC. 3(i)]

D.Declaration by Witnesses

We, the undersigned have witnessed the above.

(a)Signature, Name and Address of the first Witness with ID proof

…………………………………………………………………

…………………………………………………………………

(b)Signature, Name and Address of the second Witness with ID proof

………………………………………………………………..

…………………………………………………………………

Signed at …………….

on …………..

Note:-

(i)

Death Certificate of the biological parent to be attached in case he/she is

not alive.

(ii)Photographs of the child/children to be adopted, the biological parent(s), spouse adopting the child/children and the witnesses are required to be pasted and attested in the form.

(iii)In case children are being relinquished/surrendered by both the spouses from their respective earlier marriages for adoption, separate consent forms shall be filled up.

(iv)As per regulation 5 (3), no child shall be given in adoption to a couple unless they have at least two years of stable marital relations.

Photograph of biological

Photograph of child

Photograph of step parent

father/mother

E.Certification of Child Welfare Committee.

Based on the above consents and supporting documents, the Child Welfare Committee …………………..

(name of the District) hereby declares the child/children mentioned at A (i) as legally free for adoption by

…………………….. (step-parent) and …………………….. (one of the

biological parents) only.

Signed at ………………….. on ………………….

Seal of Child Welfare Committee

Signature of three members of

Child Welfare Committee

SCHEDULE XXI

[See regulation 54(1)]

FAMILY BACKGROUND REPORT OF THE CHILD AND THE BIOLOGICAL PARENTS IN CASES OF

INTER-COUNTRY RELATIVE ADOPTIONS

DATE OF HOME VISIT:

1.Personal particulars about the child

1.1Full name of the child:

1.2Sex: Male Female

1.3Date of birth (Birth Certificate of the child to be attached):

1.4Place of birth:

1.5Religion:

1.6Language spoken (if applicable):

1.7Order of birth in the family:

1.8Present educational status:

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1.9

Whether the child is able to express any feeling/opinion regarding his/her adoption?

Yes No

1.10If the child is above 5 years of age, written statement/ translation of statement of consent of the child for the proposed adoption by the social worker in English to be enclosed.

1.11Disability/special needs (if any to be reflected in the Medical Examination Report)

Yes No

1.12

Whether the child has been counselled thoroughly about the effects of

adoption?

Yes No NA (Not applicable in case the child is below 5 years old)

1.13

Whether the child knows about the legal termination of parent-child relationship due to the adoption?

Yes No (Not applicable in case the child is below 5 years old)

1.14Who has provided counselling to the child?

Parent/s Guardian Child Welfare Committee Social Worker Teacher Uncle Aunt SiblingGrandparent/s

Any other (Specify)

1.15General Personality and description of the child:

1.16Social and educational background of the child:

2.Details about the biological parents of the child or guardian of the child, as the case may be.

Details of the father/guardian

Details of the mother/guardian

Date of birth and age

Date of

birth and

age

Religion

Religion

Nationality

Nationality

Present and Permanent

Present and

Address

Permanent Address

Educational

Educational

Qualifications

Qualifications

Present Occupation

Present

Occupation

Total income per month

Total income per

(proof to be given)

month (proof to be

given)

, if

applicable

Whether suffering from

Whether suffering

any disease (if yes,

from any disease (if

details to be given)

yes, details to be

given)

3.Details about other family members living with the biological parents/guardians (Other individuals who reside in the household or outside)

Name in full

Age/Sex

Occupation details

Marital status

Relationship to the

child

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[PART II—S EC. 3(i)]

4.Opinion about the proposed adoption by each member of the family

5.Remarks of District Child Protection Unit:

(The District Child Protection Unit is required to provide counselling to the biological parents about the effects of adoption, give reasons for proposing the child in adoption to a relative. Further, the District Child Protection Unit has to mention if the adoptive parents have already interacted with the child, if yes when, reason/s or motivation/s for adoption. District Child Protection Unit may also describe about home of the biological family, whether the parents of the child/ren are in touch with the prospective adoptive parents, and description of living accommodation and photograph of the child with adoptive family, etc.

6.Whether the envisaged placement is in the best interests of the child:

Signature with Stamp of the officer concerned from District Child Protection Officer Address:

Documents to be attached with the Report

(a)Proof of residence of the biological family/guardian

(b)Proof of income of the biological family/guardian

(c)Proof of date of birth of the biological family/guardian

(d)Medical certificate in case the biological parent(s) have any medical condition

(e)Proof of date of birth of the child

(f)Medical Examination Report of the child to be adopted

SCHEDULE XXII

[See regulation 51(2)]

PERMISSION BY CHILD WELFARE COMMITTEE TO THE CONSENT GIVEN BY THE GUARDIAN OF THE CHILD FOR ADOPTION BY HIS/HER RELATIVE (WHERE BIOLOGICAL PARENTS ARE NOT ALIVE/NOT ABLE TO GIVE CONSENT)

I.I/We, the undersigned give the following declaration before the Child Welfare Committee (District————–):

Male Guardian

Female Guardian

Name …………………………………..

Name ………………………………….

Surname ……………………………….

Surname …………………………………

Son of …………………………………….,

Wife/daughter of……………………..,

Date of birth: Day …Month ….. Year……..

Date of birth: Day … Month …. Year……..

Permanent Address……………………………

Permanent Address…………………………………

Present Address: ……………………….

Present Address: …………………………

declare that:

The child (name) ………………………. (Surname) …………………………………

…. Sex: Male [ ] Female [

],

Date of birth: Day ….. Month ….. Year……, Place of b

irth………., daughter/son of …………………………..,

permanent resident

of ………………………………………………………………….and

presently residing

at

……………. ……………………………………………… is

under my/ our custody

due to death of his/her

parents(both). The natural parent(s) of the above mentioned child/children is/are my/our ____________________

(please specify the relation and attach proof of supporting documents).

I/We

(i)

give consent to the surrender of the child named ———– to my/our relative for adoption;

(ii)

hereby terminate the legal guardian-ward relationship with the said child or children;

(iii)

understand that the said child shall be adopted by his/her relative residing in India or abroad;

(iv)

understand that the adoption of this child will create a permanent parent-child relationship with the

adoptive parent(s);

(v)

shall have no claim over the child;

(vi)

declare that I/we have fully understood the above statements carefully;

vii)have information about the effects of my/our consent;

(viii)am/are making the statement without coercion or threat and without receiving any payment or compensation of any kind.

Signed at …………….

on…………..

[Signature or Thumb Impression of the Guardian(s)]

II.Acceptance of child’s relative adopting the child.

Adoptive Father

Adoptive Mother

Family name: ……………………..

Family name: …………………………….

First name(s): ……………………………………………

Firstname(s): ……………………………………………

Date of birth: day ….month ….year …

Date of birth: day ….month ….year …

Permanent

Permanent

Address: ……………………………………….

Address: ……………………………………….

————————————–

—————————————

I/We

(i)accept and understand that the adoption of this child will create a permanent parent-child relationship with us.

(ii)certify that the consent have not been induced by payment or compensation of any kind.

(iii)declare that I/we have fully understood the above statements.

Signed at …………….

on…………..

[Signature or Thumb Impression of the adoptive parent(s)]

Adoptive Father

Adoptive Mother

III.Declaration by Witnesses

I/we the undersigned know the guardian of the child/children very well and have witnessed the above statement of consent or surrender.

(a)Signature, Name and Address of the first Witness

…………………………………………………………………

…………………………………………………………………

(b)Signature, Name and Address of the second Witness

………………………………………………………………..

…………………………………………………………………

Photograph of the

guardian

Photograph of child

Photograph of prospective adoptive

parents

IV.

Certification of Child Welfare Committee

Name (s):

………………………………………………..

Designation: ……………………………………………….

The Child Welfare Committee …………………… hereby certif

ies that the person and the witness (es) named

above appeared before the Committee and signed this document in our presence.

Signed at …………….

on…………..

Signature and Seal

Child Welfare Committee

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SCHEDULE XXIII

[See regulation 12(11)]

AFFIDAVIT BY THE CHIEF FUNCTIONARY/AUTHORISED PERSON OF THE SPECIALISED ADOPTION AGENCY TO COURT IN SUPPORT OF ADOPTION OF CHILD ______________________

1.Affidavit of_____________________ working as __________________________ in ______________ located at _______________

2.I do hereby state of solemn affirmation as under:

(a)That details of the child ________________________ (Name, gender and DOB) have been entered into the online Child Adoption Resource Information and Guidance System (CARINGS). The unique registration number assigned to the child through Child Adoption Resource Information and Guidance System (CARINGS) is _____________________.

(b)That the Child Welfare Committee ___________________ has declared the child as legally free for adoption on

__________________.

(c)That the child was referred to waiting Prospective adoptive parents in the online child referral system through Child Adoption Resource Information and Guidance System and the child has been accepted by the present prospective adoptive parents (Regd. No and Name) ____________________________________ following the procedure as provided in paragraph ______________ of the Adoption Regulations.

(d)That the Home Study Report of the prospective adoptive parents, prepared by

_____________________________ is found to be suitable.

(e)That the Adoption Committee constituted under paragraph ______________ of the Adoption Regulations has taken decision in favour of the proposed adoption and accordingly the adoption application has been filed in the Court _________________________.

Or

That No Objection Certificate for the proposed inter-country adoption has been issued by the Central Adoption Resource Authority (CARA) on dated —— (strike out the one which is not applicable).

(f)That the adoption procedure followed in this case complies Section ________________ of the Juvenile Justice (Care and Protection of Children)Act 2015 and paragraph ________________ of the Adoption Regulations.

(g)That our organization ___________________ has been recognized by the State Government of

______________________ to run as a Specialised Adoption Agency vide no. _______________ dated

__________ which is valid till __________________.

(h)That the Specialised Adoption Agency has received adoption fee Rs. __________________ only as stipulated by Central Adoption Resource Authority (CARA).

(i)That I commit myself not to receive any donation in any form from the adoptive parents or their relatives or through their sponsoring agency during the adoption process or after completion of the adoption process.

(j)That facts stated above are genuine to the best of my knowledge and belief and I do hereby declare that in case the facts mentioned above are found non-genuine, I shall be liable for the consequences.

VERIFICATION

That I ___________________, the deponent above, do hereby verify that the contents of the above affidavit are true and correct.

Verified at

Deponent

Sworn and signed before me

On ______________________

In my presence

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SCHEDULE XXIV

[See regulation 51(4)]

AFFIDAVIT OF PROSPECTIVE ADOPTIVE PARENT(S)

IN CASES OF IN-COUNTRY RELATIVE ADOPTIONS

IN SUPPORT OF THEIR RELATIONSHIP, FINANCIAL AND SOCIAL STATUS

AS PER SUB-REGULATION 4 of REGULATION 51

Affidavit of Mr. __________________________ and Mrs. _______________________, resident of

____________________________________, about socio-economic and financial status to adopt the child _____ from the relative family Mr. ________________________ and Mrs. _______________________, residing at

________________________.

1.That I/we am/are Indian nationals residing in _________________ since __________ years.

2.That the child proposed to be adopted is my _________________ and fulfils the relationship criteria as provided in Section 2 (52) of the Juvenile Justice (Care and Protection of Children) Act 2015.

3.That my/our total annual income from all sources is _______ per annum, which is adequate to raise the child in our family in the local living standards where we reside.

VERIFICATION

That I/we _____________________, the deponent above, do hereby verify that the contents of the above affidavit are true and correct.

Verified at

Deponent

Sworn and signed before me on —————

in my presence

Schedule XXV

[See regulation 26(3)]

FORMAT FOR INSPECTION OF SPECIALISED ADOPTION AGENCIES

1. Information about the Institution

Name of the Institution: ________________________________ Address of the Institution:________________

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

_______________

Telephone Number:

E-mail:

Name of the State:

Date of inspection:

Inspection Team:

Ser.

Name

Designation

Office

No.

(a)

(b)

(c)

(d)

(e)

Date of previous Inspection:

Done by:

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2.Legal Status

Ser. No.

Registration / Recognition Status

(a)

Registration No under Societies Registration Act 1860 (21

No.

of 1860) or Indian

Trusts Act; 1882 (2

of 1882)

or

Date:

Companies Act; 2013(18 of 2013) or Income Tax Act;

1961 (43 of 1961).

(b)

Registration as a Child Care Institution under Section 41

No.

(1) of the Juvenile

Justice (Care and

Protection

of

Validity period :

Children) Act 2015 and its validity.

(c)

Recognition as a Specialised Adoption Agency for placing

No

children in adoption under Section 65(1) of the Juvenile

Validity period:

Justice (Care and Protection of Children) Act 2015.

(d)

Foreign Contribution Regulation Act Registration No. if

No.

any and its validity

Validity period:

3.Staff

3.1Staff of the Specialised Adoption Agency if getting grants under ICPS

Sanctioned Position

Name of the Staff

Date

of

Qualifications

and

joining

Experience

Manager/Coordinator (1)

Social Worker cum

Early

Childhood Educator (1)

Nurse (1)

Doctor (Part time)

Ayas (6)

Watchman (1)

Any other staff in the payroll of

the Specialised Adoption Agency

Name of the volunteer if any

3.2Staff of the Specialised Adoption Agency if not getting grants under ICPS

Position

Name of the Staff

Date of joining

Qualifications

and

Experience

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4.Committees in place

Committee

Meetings held during last

Observations of the Inspecting

financial year

Team

Managing

Committee/Governing Body

Adoption Committee

Home Management Committee

Any other Committee

5.Documents and record keeping (Please put mark wherever required)

Records/Registers to be maintained by the Specialised Adoption

Observations

Agency as per Adoption Regulations

(a)

Master admission register

(b)

Attendance register of the children

(c)

Attendance register of the staff

(d)

Vouchers, cashbook, ledger, journal and annual accounts

(e)

Grant utilization register

(f)

Stock register

(g)

Record of minutes of meetings of the Management Committee

(h)

Record of minutes of meetings of the Adoption Committee

Whether the case files maintained by the Specialised Adoption Agency contain documents as stipulated inSchedule VIII of the Adoption Regulations and Observation of the Inspecting Team?

6.CARINGS & Status of Children

6.1Status of children in Child Adoption Resource Information and Guidance System (The Team may match actual status with the online data during the visit)

Name of

the

Male/

DOB

Legally free for

Adoptions in

Pendency in Court for

adoptable

child

Female

adoption with

process

more than 2 months

in

Specialised

date

Adoption

Agency

and

linked

Child

Care Institution

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6.2Status of legally free children in Child Adoption Resource Information and Guidance System (The Team may match actual status with the online data during the visit)

No.

of

Photo

Child

Study

Medical

Child Welfare

Remarks

Children

in

uploaded

Report

Examination

Committee

Specialised

uploaded

Report uploaded

Certificate

Adoption

uploaded

Agency and the

linked

Child

Care Institution

6.3Pending post-adoption follow-up reports in Child Adoption Resource Information and Guidance System (The Team may match actual status with the online data during the visit)

Children in Specialised

Court

order

Post-adoption

Observations

Adoption Agency and

uploaded

follow-up pending

the linked Child Care

Institution

6.4Cases of disruptions if any during last three years

Year

At the stage of

At the stage of

pre-

After the adoption

Observations

pre-adoption

adoption foster-care

order is issued

foster

care

after the petition has

before

filing a

been filed in

the

petition

court

6.5Pending status of Home Study Report beyond one month

Cases where Home Study Report is

Reasons for the same

Observations

of

the

pending beyond one month from the

Inspection Team

date of completion of registration

7.Infrastructure

7.1Building:

(a)

Rented: ————————-

Owned: —————————————–

If

rented,

give

details

of

rent

paid

per

month

and

copy

of

rent

agreement:

…………………………………………………………………………………………………………………………………………………………………

………………………………………

(b)

CCTV cameras installed at the entrance:

Yes

No

(c)

Sufficient space to accommodate the children:

Yes

No

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7.2Space available

No. of rooms/dormitories

Provision of sick room / medical unit

Counselling room

Recreational/activity room for

Children

(a)

Is there a TV set available with Cable network?

Yes

No

(b)

How often are children allowed to view TV?

in the evenings or any time

(c)

Are children playing games indoors?

Yes

No

(d)

What games are available to them?

Age appropriate games or not

(e)

Are children playing games outdoors?

Yes

No

(f)

Do they have equipments/ accessories to play?

Yes

No

(g)

Do children go for picnics/excursions?

Yes

No

(h)

Do they have interactions with eminent

Yes

No

personalities?

(i)

Is there a recreation room available to children?

Yes

No

(j)

Kitchen/Dining Room?

Yes

No

(k)

Is the cooking area and pantry separate?

Yes

No

(l)

Do children get individual plates, mugs glasses?

Yes

No

(m) Are cooking utensils adequate and clean?

Yes

No

(n)

Is there a fridge available for children?

Yes

No

(o)

Is there an Oven available for children?

Yes

No

(p)

Is there a Gas stove available in kitchen?

Yes

No

(q)

Is there a chimney available?

safe/away from children or not

(r)

What is the arrangement to keep the gas

Yes

No

cylinders?

(s)

Adequate water supply for washing, cooking?

Yes

No

(t)

Adequate drinking water available

Manual or mechanical

(u)

(RO)?

Yes

No

(v)

Is cooking done by machines or by cook?

Yes

No

(w)

Number of toilets and bathrooms for Children

Yes

No

(x)

Flush is working

Yes

No

(y)

Taps in the wash basin are functioning

Yes

No

(z)

Is the floor slippery

Yes

No

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(aa) Drains clean

Yes

No

(bb) Drains are clogged

Yes

No

(cc) Fittings for hanging clothes/ towels in place

Yes

No

(dd) Cow webs are removed

Yes

No

(ee) Door has a latch

Yes

No

(ff) Door has peep holes

Yes

No

(gg) Frequency of bath a child is allowed

once or more in a day

(hh) Water is adequately available

Yes

No

(ii)

Adequate numbers of buckets and mugs

Yes

No

(jj)

Personal toiletries are provided

Yes

No

(kk) Is washing powder or soap given

Yes

No

(ll) Do children wash their own clothes

Yes

No

(mm) Is there a washer man available

Yes

No

(nn) Is the washing machine in functional

Yes

No

Open space for outdoor activities

Observations:

Class rooms

7.3Premises

(a)

Does the home have a child friendly indoors?

Yes

No

(b)How often is the sweeping, swabbing done? Twice a day or more

(c)

Are the children involved in cleaning exercise during class hours?

Yes

No

(d)

Are the facilities of coolers/ heaters available for children?

Yes

No

(e)

Are the doors and windows maintained properly?

Yes

No

(f)

Are the rooms and dormitories well ventilated?

Yes

No

(g)Is there an alternate provision for lights and fans when there is no electricity available?

Yes

No

(h)

Are the outdoors clean, pleasant and child friendly?

Yes

No

7.4Clothing/Bedding/Lockers/Toiletries provided to the children:

(a)

Are the clothes provided as per size and season

Yes

No

(b)

Provisioning of undergarments as per JJ Rule 2016

Yes

No

(c)New clothes are stitched or bought stitched or bought

(d)

Are the mattresses given individually

Yes

No

(e)

Are pillows given individually

Yes

No

(f)

Are the mattress and pillows clean

Yes

No

(g)

Do children have separate cupboards

Yes

No

(h)

Are bed sheets and Khes available

Yes

No

(i)

Are blankets available in winters

Yes

No

(j)

Number of sets provided on arrival

one/two/three/four

(k)

Frequency of providing new clothes

Monthly/ Quarterly

(l)

Are these sets of same colour or different colours? Same/different

(m)

Are children provided with individual lockers to keep their personal items ?

Yes

No

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(n)

Other articles provided to the children: ………………

…………………

……………………………………………………………………………………………………………

……………………………………………………………………………………………………………

…………………………………………..

7.5Services provided to the children:

(a)Medical facilities/Maintenance of Health Cards: ………………………

……………………………………………………………………………………..

………………………………………………………………………………………

(b)Nutrition/Special Diet: ………………………………………………………

………………………………………………………………………………………

………………………………………………………………………………………

(c)

Provision of safe drinking water: …………………………………

……….

…………………………………………………………………………………………

(d)

Education

(Formal

Education/NFE

and

Life

Skill

Training

Programme):

……………………………………………………………………

………………………………………………………………………………………

………………………………………………………………………………………….

………………………………………………………………………………………….

(e)

Counselling/ Guidance services provided: ……………

…………………

………………………………………..……………………………………………

………………………………………………………………………………………

(f)Physiotherapy service available to children?

…………………………………………..………………………………………….

(g)Recreational facilities available in the adoption agency for children:

………………………………………………………………………………………….

………………………………………………………………………………………….

7.6Daily Routine of Children:

Time

Activities / Schedule

Morning

Day Time

Afternoon

Evening

Late evening/

Night

8.Linkages.

Linkages developed with other agencies/departments :

………………………………………………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………………………………………………

………………..

9.Connectivity and status in Child Adoption Resource Information and Guidance System and designated portal for missing child:

………………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………

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[PART II—S EC. 3(i)]

10. Funds /Grants received during last financial year:

Fees for conducting Home

Adoption fee

Grants from State Govt.

Any other donations/

Study and Post-adoption

under ICPS

grants received

follow-up

11.Funds/Grants utilized during the last financial year

Head-wise

expenditure

Amount

incurred

Observations of the Inspecting Team after examining vouchers, cheque or cash receipts and other relevant registers

12.Bank details of the Specialised Adoption Agency.

13.Any best practice followed by the Specialised Adoption Agency.

14.Issues raised by the Specialised Adoption Agency related to delays in the adoption process, funds or any other issue related to adoption.

15.Observations and Recommendations of the Inspecting Team.

Signature of the Inspecting Officer

(Name and Designation)

Signature of the Inspecting Officer

Name and Designation

Signature of the Inspecting Officer

Name and Designation

Signature of the Inspecting Officer

Name and Designation

SCHEDULE XXVI

[See regulation 23(1)]

APPLICATION FROM A CHILD CARE INSTITUTION

FOR RECOGNITION AS A SPECIALIZED ADOPTION AGENCY

1.

About the Institution:

1.1

Name of the Institution / Organization

1.2

Registration number and date of Registration of the Institution/

Organization under the relevant Act (Relevant documents of

registration and bye-laws, memorandum of association to be

annexed)

1.3

Registration number and date of Registration of the Institution/

Organization as a Child Care Institution (Annex copy of the

Registration Certificate)

1.4

Period of validity to run the Child Care Institution

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1.5

Complete address of the Applicant/ Institution/organization

1.6

STD code/ Telephone No.

1.7

STD code Fax No.

1.8

E-mail address

1.9

If the organization is of all India character, give address of its

branches, in other states.

1.10

If

the

Child

Care

Institution

had

been

denied

recognition/registration as a Specialised Adoption Agency earlier?

Yes/No

If Yes

(a)

Ref. No. of application which resulted in denial of

recognition as Child Care Institution:

(b)

Date of denial:

(c)

Which department

has denied the recognition:

(d) Reason for

denial

of

recognition

as Specialised

Adoption

Agency:

2.

Infrastructure:

2.1

No. of Rooms (mention with measurement)

2.2

No. of toilets (mention with measurement)

2.3

No. of Kitchen (mention with measurement)

2.4

No. of sick room

2.5

Copy of blue print of the building (authentic sketch plan of

building) to be attached

2.6

Arrangement to deal with unforeseen disaster; also mention the

kind of arrangement made:

(a)

Fire

(b)

Earth quake

(c)

Any other arrangement

2.7

Arrangement of drinking water (certified from Public Health

Engineering department to be annexed).

2.8

Arrangement to maintain sanitation and hygiene:

(a)

Pest Control

(b)

Waste disposal

(c)

Storage area

(d)

Any other arrangement

2.9

Rent agreement/building maintenance estimate (whichever is

applicable)

(Annex: copy of Rent agreement)

3.

Capacity of the Institution/Organization

No. of children (0-5, 5-11 and 11-18

years) present in the

home

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[PART II—S EC. 3(i)]

4.

Facilities Available for children

4.1

Educational facility

4.2

Health Check-up arrangement, frequency of check-up, type of

check-ups proposed to be done

4.3

Any other facility having impact on the overall development of

the child

5.

Staffing

5.1

Detailed staff list(to be annexed)

5.2

Name of partner organizations

6.

Background information about the Child Care Institution

6.1

Major activities of the organization in last two years

(Annex copy of Annual Report for last two years)

6.2

An updated list of members of the management

committee/governing body (Please annex resolution of the

executive body of the institution supporting decision to run an

adoption agency)

6.3

List of assets/infrastructure of the organization (to be Annexed)

6.4

If the organization registered under the Foreign Contribution

(Regulation) Act, 1976 (49 of 1976)

(Certificate to be annexed)

6.5

Details of foreign contribution received last two years

(Annex: relevant documents)

6.6

List of other sources of grant-in-aid funding (if any) with the

name of the scheme/project, purpose amount, etc.

6.7

Details of existing bank account of the agency indicating branch

code account number.

6.8

Whether the institution agrees to open a separate bank account for

the grant proposed

I have read and understood The Juvenile Justice (Care and Protection of Children) Act, 2015(2 of 2016) and the Juvenile Justice (Care and Protection of Children) Model Rules, 2016.

I declare that no person associated with the organization has been previously convicted or has been involved in any immoral act or in any act of child abuse or employment of child labour and that the organization has not been blacklisted by the Central or the State Government at any point of time.

________________________ (Name of the Organization/Institution) has complied with all the requirements to be registered as a Specialized Adoption Agency under the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016) and The Juvenile Justice (Care and Protection of Children) Rules, 2016.

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I undertake to regularly update data on Child Adoption Resource Information and Guidance System (CARINGS) and to have facilities for the same.

I undertake to abide by all the conditions laid down by the Central/State Act, Rules, Adoption Regulations and notifications in this regard.

Signature of the authorized signatory: ________________________

Name:

Designation:

Address:

District:

Date:

Office stamp:

Signature of:

Witness no.1: ________________________

Witness no.2: ______________________

SCHEDULE XXVII

[See regulation 10(4)]

FORMAT OF MINUTES OF THE ADOPTION COMMITTEE

IN CASE OF IN-COUNTRY ADOPTION

Name and Address of the Specialised Adoption Agency:

1.Following are the members of the Adoption Committee as per sub-regulation 4 of regulation 10 of the Adoption Regulations notified by Central Government.

Ser No

Name

Designation

(1)

(2)

(3)

[In case of adoption through Specialised Adoption Agency-Child Care Institution linkage, the members would be in accordance with regulation 58 (8) of the Adoption Regulations. The quorum of the Committee shall be as per para 10 (5) of the regulations]

2.The undersigned members of the Committee have scrutinised all requisite documents (attested/notarised) required for filing adoption application in the Court as mentioned below:

(1)Current family photograph/Photograph of person adopting a child.

(2)PAN Card of the parents.

(3)Birth certificate/Proof date of birth of the parents (In case of married couple, upload Birth Certificate of both the applicants).

(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/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 whichever is applicable.

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

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(9)Copy of 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 the spouse (if applicable).

(10)Copy of consent of the older child/children in the family (if more than 5 years).

3.Decision of the Adoption Committee.

(1)

It has been decided by the Committee that the Prospective Adoptive

Parents…………………………………………….

…………………………………………………………………………………………………

having Registration No ………………..

have been considered suitable to adopt the child …………………………………..

(Date of Birth……………………

)

having Registration No ………………..

(2)In case the prospective adoptive parents are not considered suitable, reasons for the same:

(

…………………….)

(

……………………) (……………………..

)

Member 1

Member 2

Member 3

(Name and Designation)

(Name and Designation) (Name and Designation)

SCHEDULE XXVIII

[See regulation 12(2)]

MODEL APPLICATION IN CASE OF ORPHAN OR ABANDONED OR SURRENDERED CHILD(REN) TO COURT FOR IN-COUNTRY ADOPTION

In the Court of ____________ Ld. District Judge/Addl. District Judge, District Court/Principal Judge/Judge, Family Court or Civil Judge/Addl. Civil Judge(Senior Division),as the case may be, at _____________________.

Misc. Civil Application (MCA) No.____________/Year

Child Adoption Resource Information and Guidance System Regd. Number of prospective adoptive parents:

Name of the Specialised Adoption Agency concerned:

Registered Office at:

Through its Adoption In-charge/Social Worker (name and age)

Applicant

(Note: In case the child is from a Child Care Institution, the particulars of such Child Care Institution may be mentioned here as co-applicant)

AND

1.Mr. ______________________ S/o ___________________ Aged about _____ years, Citizen of

_______________, Occupation: ____________ Permanent Residential address:

_____________________________________________.

2.Mrs. ______________________ W/o ___________________ Aged about _____ years, Citizen of

_________, Occupation: _________________ Permanent Residential Address:

___________________________________.

Prospective Adoptive Parents

Application in the matter of adoption of the child: _____________ (male/female, DOB: _____________) under section 58 (3) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016) read with regulation 12

(2) of the Adoption Regulations.

The Applicant most respectfully submits before this Hon’ble Court as under:-

1.That the Applicant is a recognised Specialised Adoption Agency under Section 65 of the Juvenile Justice (Care and Protection of Children), 2015 (hereinafter referred to as “Juvenile Justice Act”) by the St ate Government of __________________________, for rehabilitating orphan, abandoned and surrendered children through adoption in accordance with the provisions of the Juvenile Justice Act and Adoption Regulations.

2.That the Co-Applicant is a registered Child Care Institution, which is having the care and custody of the

child: (male/female; DOB: ..……) intends to give this child in adoption to the above named prospective adoptive parents through the applicant Specialised Adoption Agency as per the provision of Section 66 of the Juvenile Justice Act.

[Note: This paragraph would be mentioned in case the Adoption Application is being filed in a linkage case.]

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3.

The child/children……… (male/female, DOB:…………) has/h

ave been declared legally free for adoption

by the Child Welfare Committee (Child Welfare Committee), ………… District (copy of order annexed), as

per the provisions of section 38 of the Juvenile Justice Act and the said child is registered in the Child

Adoption Resource Information and Guidance System with the Registration No…….., for the purpose of

adoption as envisaged in section 56 (1) of the Juvenile Justice Act.

4.

That, the above named

prospective adoptive parents are resident Indians, presently living at

……………………….. (complete address).

The prospective ad

optive parents are registered in the Child

Adoption Resource Information and Guidance System with the Registration No. …………….. They have

been found eligible and suitable to adopt the above named child/children as per the criteria mentioned in section 57 of the Juvenile Justice Act and regulation 5 of the Adoption Regulations, based upon their Home Study Report annexed. They have been found suitable by the Adoption Committee to adopt the above named child. A true copy of the decision of the Adoption Committee is also annexed.

5.That the above named child/children has/have been referred to the said prospective adoptive parents online through Child Adoption Resource Information and Guidance System and has been accepted by the said prospective adoptive parents by signing the Child Study Report and Medical Examination Report on ……..

The child/children has/have been given in pre-adoption foster care to the said prospective adoptive parents

on …….., after obtaining a Pre-adoption Foster Ca re Affidavit (true copy annexed), as per the provisions of

Section 58 (3) of Juvenile Justice Act and regulation 11 (1) of the Adoption Regulations.

6.

That the prospective adoptive parents have undertaken in the said Pre-adoption Foster Care Affidavit that

they will allow the authorised social worker/functionary of the Specialised Adoption Agency/District Child

Protection Unit/State Adoption Resource Agency to visit their home for undertaking post-adoption follow

up to ascertain the progress and well-being of the child in the adoptive family [as envisaged under Section

58 (5) of Juvenile Justice Act].

7.That the prospective adoptive parents have further undertaken to inform that any change in the place of their residence (other than as stated in this application), to the Applicant(s), State Adoption Resource Agency concerned and to this Court for the purpose of post adoption follow-up.

8.That the prospective adoptive parents have also undertaken to up-bring the said child/children as their own and to accord the same status/rights/privileges to the child/children at par with the natural born child as provided inpre-adoption foster care affidavit annexed with the Application.

9.That the Applicant/Co-applicant have decided to place the child/children in adoption as per decision of the

Adoption Committee vide its meeting dated…………………………

.. (copy Annexed).

10.That the conditions laid down in section 61 (1) of the Juvenile Justice Act have been complied with in this adoption case.

11.That the giver (s) and taker (s) have no interest directly or indirectly adverse to that of the child/children.

12.The applicant (s) are within the jurisdiction of this Hon’ble Court and hence this Hon’ble Court has jurisdiction to pass Adoption Order as per the provisions of section 2 (23), 58 (3) and 61 of the Juvenile Justice Act.

13.That the Applicants understand that the adopted child shall become the lawful child of the applicants with all the rights, privileges and responsibilities that are attached to a biological child.

14.That the Applicant(s) have not filed any other Application for the adoption of the said child in any other Court of Law.

15.That the prescribed court fees have been paid and affixed on this Application.

16.The Applicant(s), therefore, pray that :

(a)That the above named Prospective Adoption Parents may please be given the said child/children in adoption and be declared as the parents of the said minor for all purposes allowed by the law.

(b)The Birth Certificate Issuing Authority (name and place) may please be directed to issue Birth Certificate for the said child/children within five working days from the date of application, as per the provisions of regulation 36 of the Adoption Regulations.

Place:

APPLICANT NO. 1

Date:

APPLICANT NO. 2

Photograph of the child

Photograph of the adoptive

parent(s)

184

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—S EC. 3(i)]

VERIFICATION

I/We, (1) Mr/Mrs………..,

aged about ______, Adoption

In-charge/Social Worker

of Applicant No. 1 (and

Mr/Mrs……….., aged about ______, Superintendent/Mana

ger/Director of the Applicant No. 2), do hereby state on

oath and solemnly affirm that the contents of this Application are true and correct to the best of my/our knowledge and belief and the information and documents presented with this Application are genuine. In witness whereof we

have signed the same at ………. on this…….. day of…

……

Applicant No.1

Applicant No. 2

Index

Ser

Documents to be annexed as provided in Schedule IX of the

Reference

Page

No

Adoption Regulations

No.

SCHEDULE XXIX

[See regulation 12(2)]

MODEL APPLICATION IN CASE OF ORPHAN OR ABANDONED OR SURRENDERED CHILD(REN) TO COURT FOR INTER-COUNTRY ADOPTION

In the Court of Mr/Ms____________, Ld. District Judge/Addl. District Judge, District Court/Principal Judge/Judge, Family Court or Civil Judge/Addl. Civil Judge(Senior Division),as the case may be, at ____________________.

Misc. Civil Application (MCA) No.______________________/2016

Child Adoption Resource Information and Guidance System Regd. Number of prospective adoptive parents:

Name of the Specialised Adoption Agency concerned:

Registered Office at:

Through its Adoption In-charge/Social Worker (name and age)

Applicant

(Note: In case the child is from a Child Care Institution, the particulars of such Child Care Institution may be mentioned here asco-applicant)

AND

1.Mr. ___________________ S/o ____________________ Aged about _____ years, Citizen of ______________, Occupation: ________________ Permanent Residential Address: ____________________________________.

2.Mrs. _________________ W/o ____________________ Aged about _____ years, Citizen of _______________, Occupation: ________________ Permanent Residential Address _____________________________________.

Prospective Adoptive Parents

Application in the matter of adoption of the child:……. (male/female, DOB:…….) under section 59(7) of

the Juvenile

Justice Act(2 of 2016) and regulations 12(2) and 17(1) of Adoption Regulations.

The Applicant most respectfully submits before this Hon’ble Court as under:

1.That the Applicant is a recognised Specialised Adoption Agency under Section 65 of the Juvenile Justice (Care and Protection of Children), 2015(2 of 2016) (hereinafter referred to as “Juvenile Justice Act”) by th e State Government of _____, for rehabilitating orphan, abandoned and surrendered children through adoption in accordance with the provisions of the Juvenile Justice Act and Adoption Regulations.

2.That the Co-Applicant is a registered Child Care Institution, which is having the care and custody of the child:

(male/female; DOB:……) intends to give this child in

adoption to the above named Prospective Adoption

Parents through the applicant Specialised Adoption Agency as per the provision of section 66 of the Juvenile

Justice Act.

[Note: This paragraph would be mentioned in case the Adoption Application is being filed in a linkage case.]

3.

The child/children….. (male/female, DOB:……) has/

have been declared legally free for adoption by the Child

Welfare Committee, …………District (copy of order anne

xed), as per the provisions of section 38 of the

Juvenile Justice Act and the said child is registered in the Child Adoption Resource Information and Guidance

System with the Registration No…….., for the purpos

e of adoption as envisaged in section 56 (1) of the Juvenile

Justice Act.

 

of India (OCI)/Foreigner, presently living at ……………

………….. (complete address).

4.That, the above named prospective adoptive parents (PAPs) are Non-Resident Indians (NRI)/Overseas Citizens

5.That the prospective adoptive parents have been found eligible and suitable to adopt by the Authorised Foreign Adoption Agency (AFFA)/Central Authority (CA) (name and address), based upon their Home Study Report annexed and as per the law of the country of their residence. The proposal of prospective adoptive parents to adopt a child from India has been recommended by the said Authorised Foreign Adoption Agency and has been approved by the Central Authority concerned.

6.The prospective adoptive parents have been registered in the Child Adoption Resource Information and

Guidance System with the Registration No .…………………. by said Authorised Foreign Adoption Agency/Central Authority. They have been found eligible by the Central Adoption Resource Authority (CARA) as per the criteria mentioned in section 57 of the Juvenile Justice Act and regulation 5 of the Adoption Regulations.

7.That the above named child/children has been referred to the said prospective adoptive parents online in Child Adoption Resource Information and Guidance System through the Authorised Foreign Adoption Agency /CA concerned and has been accepted by the said prospective adoptive parents by signing the Child Study Report and Medical Examination Report on ……………………

8.

That Central Adoption Resource Authority has issued No Objection Certificate on ………………. in favour o

f

the proposed adoption.

9.That the prospective adoptive parent(s) have undertaken through the Authorised Foreign Adoption Agency/Central Authority concerned that they will allow the authorised social worker/functionary of the Authorised Foreign Adoption Agency/Central Authority/concerned Government department to visit their home for undertaking post-adoption follow up to ascertain the progress and well-being of the child in the adoptive family, as envisaged under section 59 (11) of the Juvenile Justice Act.

10.That the prospective adoptive parents have also undertaken to up-bring the said child/children as their own and to accord the same status/rights/privileges to the child/children at par with the natural born child.

11.That the Applicant/Co-applicant want(s) to give the above named child/children and the said prospective adoptive parents have given their consent to take the child/children in adoption.

12.That the conditions laid down in section 61 (1) of the Juvenile Justice Act have been complied with in this adoption case.

13.That the giver(s) and taker(s) have no interest directly or indirectly adverse to that of the child/children.

14.The above named child is within the legal jurisdiction of this Hon’ble Court and hence this Hon’b le Court has jurisdiction to pass Adoption Order as per the provisions of sections 2 (23), 59 (7) and 61 of the Juvenile Justice Act.

15.That Central Adoption resource Authority (CARA) has issued No Objection Certificate (NOC) for the proposed adoption as provided in regulation 16 of the Adoption Regulations.

16.That the Applicants understand that the adopted child shall become the lawful child of the applicants with all the rights, privileges and responsibilities that are attached to a biological child.

17.That the Applicant(s) have not filed any other Application for the adoption of the said child in any other Court of Law.

18.That the prescribed court fees have been paid and affixed on this Application.

19.The Applicant(s), therefore, pray that:

(a)The above named prospective adoption parents may please be declared as parents of the said child/children for all purposes allowed by the law and may be allowed to be taken to the country of their residence for upbringing the child/children as their own child.

(b)The Birth Certificate Issuing Authority (name and place) may please be directed to issue Birth Certificate for the said child/children within five working days from the date of application, as per the provisions of sub-regulation

(5) of regulations 18 and regulation 36.

(c)The Regional Passport Office (RPO) concerned may be directed to issue Passport for the said child/children within ten days from the date of application, as per sub-regulation (4) of regulation 18 and regulation 38.

Place:

APPLICANT NO. 1

Date:

APPLICANT NO. 2

Photograph of the child

Photograph of the adoptive

parent(s)

186

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—S EC. 3(i)]

V E R I F I C A T I O N

I/We, (1) Mr/Mrs ……….., aged about ______, Adoptio

n In-charge/Social Worker of Applicant No. 1 (and

Mr/Mrs ……….., aged about ______, Superintendent/Man

ager/Director of the Applicant No. 2), do hereby state on oath

and solemnly affirm that the contents of this Application are true and correct to the best of my/our knowledge and belief and the information and documents presented with this Application are genuine. In witness whereof we have signed the same at ………. on this…….. day of……… .

Applicant No.1

Applicant No. 2

Index

Ser

Documents to be annexed as provided in

Reference

Page No.

No.

Schedule IX of the Adoption Regulations

SCHEDULE XXX

[See regulation 51 (5)]

MODEL APPLICATION TO COURT FOR IN-COUNTRY RELATIVE ADOPTION

In the Court of ____________ Ld. District and Sessions Judge/Addl. District and Sessions Judge, District Court/Principal District Judge, Family Court or Civil Judge/Addl. Civil Judge(Senior Division), as the case may be, at _________________________________.

Misc. Civil Application (MCA) No.____________________/Year.

Child Adoption Resource Information and Guidance System Regd. Number of prospective adoptive parents:

1.Mr. __________________ S/o ________________ Aged about _____ years, Citizen of

______________________, Occupation: ____________ Permanent Residential address: _______________

P.S._________, Dist. _______ State ______________;

2.Mrs. __________________ W/o ________________ Aged about _____ years, Citizen of _________, Occupation: _________________ Permanent Residential Address: _______________ P.S. _________, Dist._______ State ______________.

Applicants

Prospective Adoptive Parent(s)

AND

3.Mr. ____________________ S/o _____________________ Aged about _____ years, Citizen of

_______________, Occupation: ____________ Permanent Residential address:

____________________________________;

4.Mrs. _____________________ W/o _________________ Aged about _____ years, Citizen of

_________________, Occupation: _________________ Permanent Residential Address:

____________________.

Natural /biological Parents

Application in the matter of adoption of the child:……. (male/female, DoB:……….) under section 56 (2) of the

Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016) read with regulation 51 and 55 of the Adoption Regulations .

The Applicants most respectfully submit before this Hon’ble Court as under:-

1.That the Applicants are prospective adoptive parents and relative to natural /biological parents of the child

___________________ (male/female) under section 2 (52) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016) (hereinafter referred to as “Juvenile Justice Act”).

2.That the Applicants are paternal uncle or aunt, or a maternal uncle or aunt, or paternal grandparent or maternal grandparents of the child ___________________________.

3.That the Applicants are resident of _________________________________.

4.That the child ________________________ was born to the natural parents on ________________________

and they are resident of __________________________________________________________________.

5.That the natural parents are desirous of placing the child in adoption for the reason_______________________.

¹Hkkx IIµ[k.M 3(i)º

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187

6.That prospective adoptive parents are desirous of adopting the child for the reason __________________.

7.That the Applicants and the natural parents have given consent to the proposed adoption which is annexed with the Application. (In case the natural parents are not alive, document related to permission for adoption from the Child Welfare Committee would be annexed as provided in the Adoption Regulations.

8.That the child proposed to be adopted is a minor (below five years) who is not able to express his/her views.

Or

That the child proposed to be adopted has also given his /her consent for the said adoption and is willing to accept the Applicants as parents.

9.That the adoption of the child by the applicants from the natural parents would be in the paramount welfare of the child and the applicant(s) would treat the child as their own with all rights and responsibilities.

10.That neither the applicants have given or agreed to give, nor have the natural parents or guardians of the child received or agreed to receive any payment or reward in consideration of the adoption.

11.That the conditions laid down in section 61 (1) of the Juvenile Justice Act have been complied with in the case of proposed adoption.

12.That the giver(s) and taker(s) have no interest directly or indirectly adverse to that of the child/children.

13.The child ordinarily resides within the jurisdiction of this Hon’ble Court and hence this Hon’ble Court has jurisdiction to pass Adoption Order as per the provisions of section 61 of the Juvenile Justice Act.

14.That the Applicant(s) have not filed any other Application for the adoption of the said child in any other Court of Law.

15.That the Applicants understand that the adopted child shall become the lawful child of the applicants with all the rights, privileges and responsibilities that are attached to a biological child.

16.That the prescribed court fees have been paid and affixed on this Application.

17.The Applicant(s), therefore, pray that:

(a)That the above named child may please be given in adoption to them and be declared as the parents of the said minor for all purposes allowed by the law.

(b)The Birth Certificate Issuing Authority (name and place) may please be directed to issue Birth Certificate for the said child/children within five working days from the date of application, as provided in regulation 36 of the Adoption Regulations.

Place:

APPLICANTS

Date:

Photograph of the biological

Photograph of the child

Photograph of the adoptive parent(s)

parent(s)

V E R I F I C A T I O N

I/We, Mr/Mrs……………………………………….., aged about _________

____, (Applicant(s)) and I/we,

Mr/Mrs……………………………………….., aged about _____________ (

Natural parents/guardian), do hereby state

on oath and solemnly affirm that the contents of this Application are true and correct to the best of my/our knowledge and belief and the information and documents presented with this Application are genuine. In witness whereof we have signed the same at ………. on this…….. day of……… .

Applicants

Natural parents/guardians

Index

Ser

Documents to be annexed as provided in Schedule VI of the

Reference

Page

No.

Adoption Regulations

No.

188

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—S EC. 3(i)]

SCHEDULE XXXI

[See regulation 55(3)]

MODEL APPLICATION TO COURT FOR INTER-COUNTRY RELATIVE ADOPTION

In the Court of ____________ Ld. District and Sessions Judge/Addl. District and Sessions Judge, District Court/Principal District Judge, Family Court or Civil Judge/Addl. Civil Judge (Senior Division), as the case may be, at ______________________________.

Misc. Civil Application (MCA) No. ___________________/Year.

Child Adoption Resource Information and Guidance System Regd. Number of prospective adoptive parents:

1.Mr. ___________________S/o _______________ Aged about _____ years, Citizen of ________, Occupation: ____________ Permanent Residential address: _______________ P.S. _________, Dist.

_______ State_______;

2.Mrs. _____________________ W/o _____________ Aged about _____ years, Citizen of _________, Occupation: _____________ Permanent Residential Address: _______________ P.S. _________, Dist.

_______ State_______

Applicant(s)

Prospective Adoptive Parent(s)

AND

3.Mr. _____________ S/o ___________________ Aged about _____ years, Citizen of ________, Occupation: ____________ Permanent Residential address: ______________________________;

4.Mrs. ___________________ W/o _______________ Aged about _____ years, Citizen of _________, Occupation: _____________ Permanent Residential Address: _______________________________.

Natural /biological Parents

Application in the matter of adoption of the child:……. (male/female, DoB:……….) under section 60 (1) of the

Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016) read with regulations 53, 54 and 55 of the Adoption Regulations.

The Applicants most respectfully submit before this Hon’ble Court as under:-

1.That the Applicants are prospective adoptive parents and relative to natural /biological parents of the child

________________ (male/female) under section 2(52) of the Juvenile Justice (Care and Protection of Children Act, 2015 (2 of 2016) (hereinafter referred to as “Juvenile Justice Act”).

2.That the Applicants are paternal uncle or aunt, or a maternal uncle or aunt, or paternal grandparent or maternal grandparents of the child _________________________________.

3.That the Applicants are resident of _________________________________.

4.That the child ______________________ was born to the natural parents on _______________ and they are resident of _________________________.

5.That the natural parents are desirous of placing the child in adoption for the reason ___________________.

6.That prospective adoptive parents are desirous of adopting the child for the reason ____________________.

7.That the Applicants and the natural parents have given consent to the proposed adoption which is annexed with the Application.(In case the natural parents are not alive, document related to permission for adoption from the Child Welfare Committee would be annexed as provided in the Adoption Regulations.

8.That the child proposed to be adopted is a minor (below five years) who is not able to express his/her views.

Or

That the child proposed to be adopted has also given his /her consent for the said adoption and is willing to accept the Applicants as parents.

9.That the adoption of the child by the Applicants from the natural parents would be in the paramount welfare of the child and the Applicant(s) would treat the child as their own with all rights and responsibilities.

10.That neither the Applicants have given or agreed to given, nor have the natural parents or guardians of the child received or agreed to receive any payment or reward in consideration of the adoption.

¹Hkkx IIµ[k.M 3(i)º

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189

11.That the Applicants have been found eligible and suitable to adopt the relative’s child as provided in section 2 (52) of the Juvenile Justice (Care and Protection of Children Act, 2015 (2 of 2016).

12.That the family background report of the child has been conducted by the District Child Protection Unit (DCPU) where the child ordinarily resides with the natural family and the District Child Protection Unit has furnished its report as per regulation 54 (2) and (3) of the Adoption Regulations which is annexed hereto this application.

13.That the receiving country of the child where the Applicants ordinarily reside have issued necessary certificate or permission in accordance with Article 5/17 of the Hague inter-country Adoption for the adoption to proceed as persub-regulation 5 of the regulation 54 which is annexed here to this application.

14.That the conditions laid down in section 61 (1) of the Juvenile Justice Act (2 of 2016) have been complied with in the case of proposed adoption.

15.That the giver(s) and taker(s) have no interest directly or indirectly adverse to that of the child/children.

16.The child ordinarily resides within the jurisdiction of this Hon’ble Court and hence this Hon’ble Cour t has jurisdiction to pass Adoption Order as per the provisions of section 61 of the Juvenile Justice Act (2 of 2016).

17.That the Applicant(s) have not filed any other Application for the adoption of the said child in any other Court of Law.

18.That the Applicants understand that the adopted child shall become the lawful child of the applicants with all the rights, privileges and responsibilities that are attached to a biological child.

19.That the prescribed court fees have been paid and affixed on this Application.

20.The Applicant (s), therefore, pray that:

(a)The above named prospective adoptive parents may be declared as the parents of the said minor for all purposes allowed by the law.

(b)The Birth Certificate Issuing Authority (name and place) may please be directed to issue Birth Certificate for the said child/children within five working days from the date of application, as per the provisions of regulation 36 of Adoption Regulations.

(c)The Regional Passport Office (RPO) concerned may be directed to issue Passport for the said child/children within ten days from the date of application, as per the provisions of sub regulation 4 of regulations 18 and regulations 38 of Adoption Regulations.

Place:

APPLICANTS

Date:

Photograph of the biological

Photograph of the child

Photograph of the adoptive

parent(s)

parent(s)

V E R I F I C A T I O N

I/We,

Mr/Mrs…………………………………..,

aged

about

______,

and

I/We,

Mr/Mrs………………………………….., aged about ______, prospect

ive adoptive parents (Applicant(s)) do hereby

state on oath and solemnly affirm that the contents of this Application are true and correct to the best of my/our knowledge and belief and the information and documents presented with this Application are genuine. In witness

whereof we have signed the same at ………. on this……..

day of……… .

Applicants

Prospective Adoptive Parents

Index

Ser

Documents to be annexed as provided in Schedule VI of the

Reference

Page

No.

Adoption Regulations

No.

190

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—S EC. 3(i)]

SCHEDULE XXXII

[See regulation 52(4), 55(2)]

MODEL APPLICATION TO COURT FOR ADOPTION OF CHILD/CHILDREN BY STEP & BIOLOGICAL PARENT

In the Court of ____________ Ld. District and Sessions Judge/Addl. District and Sessions Judge, District Court/Principal District Judge, Family Court or Civil Judge/Addl. Civil Judge (Senior Division), at _______

(strikeout whichever is not applicable).

Misc. Civil Application (MCA) No.____________________/Year.

Child Adoption Resource Information and Guidance System Regd. Number of prospective adoptive parents:

1.Mr. __________________ S/o _____________ Aged about _____ years, Citizen of ___________, Occupation: _______________ Permanent Residential Address: _______________ P.S. _________, Dist._______ State______________.

Applicant

Biological Father/Father Adopting the Child(ren)

AND

2.Mrs. _________________ W/o ______________ Aged about _____ years, Citizen of _________, Occupation: _________________ Permanent Residential Address ____________________.

Applicant

Biological Mother/Mother Adopting the Child(ren)

Application in the matter of adoption of the child:……. (male/female,

DOB:……….) under section 56 of t

he Juvenile

Justice (Care and Protection of Children) Act, 2015 (2 of 2016)

(hereinafter referred to as “Juvenile

Justice Act”)

read with regulations 52 (4) and 55 (2) of the Adoption Regulations.

The Applicants most respectfully submit before this Hon’ble Court as under:-

1.That the Applicants are biological parent and step-parent (legally wedded spouse of the biological parent) of the child/children with details as given in Schedule XX.

2.That the Applicants are resident of _________________________________.

3.That the child/children ________________________ with sex ___________ (Male/Female) and Date of Birth(s) _______________ was/were born to the natural parents (biological parent)

_______________________ and ___________________________ on ___________________________

and they are resident of _____________________________________________________.

4.That the biological parent (applicant) is desirous of sharing the legal relationship of the child/children with the spouse adopting the child/children(applicant), being legally married him/her and he/she is wanting to adopt the child(ren).

5.That the consent of the other biological parent has been obtained /the other biological parent is deceased. (Strike out whatever is not applicable)

6.That the biological parent and step-parent adopting the child/children (applicants) understand that the adoption of the child/children will create a permanent parent-child relationship with them.

7.That the consent(s) as required for adoption in Schedule XX of the Adoption Regulations are annexed with the Application.

8.That the child(ren) proposed to be adopted is a/are minor(s) (below five years) who is/are not able to express his/her/their views.

9.That the conditions laid down in Section 61 (1) of the Juvenile Justice Act (2 of 2016) have been complied with in the case of proposed adoption.

10.That the child ordinarily resides within the jurisdiction of this Hon’ble Court and hence this Hon’ble Court has jurisdiction to pass Adoption Order as per the provisions of sub-section 2 of section 56 read with sub- section (1) of section 112 of the Juvenile Justice Act (2 of 2016).

11.That there is no litigation for custody of the said child/children in any Court of Law within the country or overseas.

12.That the Applicants have not filed any other Application for the adoption of the said child/children in any other Court of Law within the country or overseas.

13.That the Applicants understand that the adopted child/children shall become the lawful child/children of the applicants with all the rights, privileges and responsibilities that are attached to a biological child/children.     

14.That the prescribed court fees have been paid and affixed on this Application.

15.The Applicant(s), therefore, pray that:

(a)That the legal relationship of father/mother of above named child/children may please be transferred to thestep-parent adopting the child/children (applicant) along with the biological mother/father (applicant) and they be declared as the parents of the said minor for all purposes allowed by the law.

(b)The Birth Certificate Issuing Authority (name and place) may please be directed to issue/modify the Birth Certificate for the said child/children within five working days from the date of application, as provided in regulation 36 of Adoption Regulations.

Place:

APPLICANTS

Date:

Photograph of the biological

Photograph of the child

Photograph of the adoptive

mother/father

mother/father

V E R I F I C A T I O N

I, Mr……………………………………….. (Biological Father/Step-Fath

er Adopting the child(ren)), aged about

___________; and I,

Mrs……………………………………….. (Biologic

al Mother/Step-Mother Adopting the

Child(ren)), aged about

_________, the applicants,

do hereby state on oath and solemnly affirm that the contents of

this Application are true and correct to the best of my/our knowledge and belief and the information and documents

presented with this Application are genuine. In witness whereof we have signed the same at …………… on th

is

…………….. day of …………….. .

Applicants

(Biological Parent and Step-Parent Adopting the Child/Children)

Index

Ser

Documents to be annexed as provided in Schedule VI of the

Reference

Page

No.

Adoption Regulations

No.

[F. No. 18-06/2014-CW-II]

RASHMI SAXENA SAHNI, Jt. Secy.

RAKESH SUKUL

Digitally signed by RAKESH

SUKUL

Date: 2017.01.06 23:43:25

+05’30’

Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, NewDelhi-110064 and Published by the Controller of Publications, Delhi-110054.

Guidelines for District Magistrates and Senior Superintendent of Police for cases under Juvenile Justice Care and Protection Act, 2015 and Protection of Children from Sexual offences Act 2012

Advocatetanmoy Law Library

Guidelines for DMs and SSPs for cases under Juvenile Justice Care and Protection Act, 2015 and POCSO Act 2012

1. Understand the working of Special Juvenile Police Unit (SJPU) in your district.

2. Find out the working of the Integrated Child Protection Scheme (ICPS) in your district. Contact your District Probation Officer/ Child Protection Officer/Nodal Officer of ICPS

3. Publicize the contact numbers of the In-charge of the SJPU and ICPS at all the Police Stations in your district.

4. Find out with ICPS about the details of the Translators, Counselors and Support Persons available. Their services are needed in cases of sexual abuse of children as per the provisions under POCSO Rules.

5. Have at least one meeting with officials of :

• Integrated Child Protection Scheme (ICPS)
• District Legal Services Authority (DLSA)
• Special Juvenile Police Unit (SJPU)
• Child Welfare Committee (CWC)
• Childline
• Unicef
• District Child Protection Unit (DCPU)
• Child Protection Officer
• Medical Officers of District Hospital
• Notified NGOs
• DGC Criminal and Senior Prosecuting Officer
• Anti Human Trafficking Unit (AHTU)

6. Connect with District Legal Services Authority for providing Legal Aid to victims under POCSO Act. Home Department may  notify all 6 sections under Pocso under Victim Compensation Scheme . It has within it six categories currently. Please get your Senior Prosecution Officer and DIG Criminal to assist you in this effort.

7. If the Child is in need of Care and Protection produce the Child victims of Sexual Assault before the Child Welfare Committee.
8. Issue orders for dealing with cases of children with sensitivity.
9. Issue orders for the monitoring of cases of child rights violation by senior officials.

10. Ensure speedy registration of FIR in cases of sexual assault of children.


Please Note:

It is a Punishable action if Police / Special Juvenile Police Unit fails to report a commission of the offence under this Act [Section- 21-(1) Protection of Children from Sexual Offences Act 2012 ]

If a Police Officer fails to register a case or take cognizance of the offence under Section 326-A, Section 326-B, Section 354, Section 354—B, Section 370, Section 370-A, Section 376, Section 376A, Section 376-B, Section 376-C, Section 376-D, Section 376-E Indian Penal Code is a punishable offence. [Section 166-A Indian Penal Code]  The Protection of Children from Sexual Offences Act, 2012 is a law to strengthen the legal provisions for the protection of children from sexual abuse and exploitation.


The salient features of the law are as follows:

1. The Protection of Children from Sexual Offences Act, 2012 defines a child as any person below the age of 18 years and provides protection to all children under the age of 18 years from the offences of sexual assault, sexual harassment and pornography.

2. The Act provides for stringent punishments, which have been graded as per the gravity of the offence. The punishments range from simple to rigorous imprisonment of varying periods. There is also provision for fine, which is to be decided by the Court

3. An offence is treated as “aggravated” when committed by a person in a position of trust or authority of child such as a member of security forces, police officer, public servant, etc. Punishments for Offences covered in the Act are:

o Penetrative Sexual Assault (Section 3)on a child — Not less than seven years which may extend to imprisonment for life, and fine (Section 4)
o Aggravated Penetrative Sexual Assault (Section 5) — Not
less than ten years which may extend to imprisonment for life,
and fine (Section 6)
o Sexual Assault (Section 7) i.e. sexual contact without penetration — Not less than three years which may extend to five years, and fine (Section 8)
o Aggravated Sexual Assault (Section 9) by a person in authority — Not less than five years which may extend to seven years, and fine (Section 10)
o Sexual Harassment of the Child (Section 11) — Three years and fine (Section 12)
o Use of Child for Pornographic Purposes (Section 13) — Five years and fine and in the event of subsequent conviction, seven years and fine Section 14 (1)

4. The Act provides for the establishment of Special Courts for trial of
offences under the Act, keeping the best interest of the child as of
paramount importance at every stage of the judicial process. The Act
incorporates child friendly procedures for reporting, recording of
evidence, investigation and trial of offences. These include:

5. Recording the statement of the child at the residence of the child
or at the place of his choice, preferably by a woman police officer
not below the rank of sub-inspector.

6. No child to be detained in the police station in the night for any reason.

7. Police officer to not be in uniform while recording the statement of the child.

8. The statement of the child to be recorded as spoken by the child.
9. Assistance of an interpreter or translator or an expert as per the need of the child.

10. Assistance of special educator or any person familiar with the manner of communication of the child in case child is disabled

11. Medical examination of the child to be conducted in the presence of the parent of the child or any other person in whom the child has trust or confidence.

12. In case the victim is a girl child, the medical examination shall be conducted by a woman doctor.

13. Frequent breaks for the child during trial. Child not to be called repeatedly to testify.
14. No aggressive questioning or character assassination of the child in-camera trial of cases.

15. The Act recognizes that the Intent to commit an offence, even
when unsuccessful for whatever reason, needs to be penalized. The
attempt to commit an offence under the Act has been made liable
for punishment for upto half the punishment prescribed for the
commission of the offence.
16. The Act also provides for punishment for abetment of the offence, which is the same as for the commission of the offence.

17. The Act makes it mandatory to report commission of an offence
and also the recording of complaint and failure to do so would make
a person liable for punishment of imprisonment for six months or /
and with fine.
18.1t is a Punishable action if Police / Special Juvenile Police Unit fails to
report a commission of the offence under this act [Section- 2141)]

19. For the more heinous offences of Penetrative Sexual Assault,
Aggravated Penetrative Sexual Assault, Sexual Assault and
Aggravated Sexual Assault, the burden of proof is shifted to the
accused. This provision has been made keeping in view the greater
vulnerability and innocence of children.

20. To prevent misuse of the law, punishment has been provided for
making false complaint or proving false information with malicious
intent. Such punishment has been kept relatively light (six months) to
encourage reporting. If false complaint is made against a child,
punishment is higher (one year) (Section 22).

21. The media has been barred from disclosing the identity of the
child without the permission of the Special Court. The punishment for
breaching this provision by media may be from six months to one year (Section 23).

22. For speedy trial, the Act provides for the evidence of the child to be
recorded within a period of 30 days. Also, the Special Court is to
complete the trial within a period of one year, as far as possible (Section 35).

23. To provide for relief and rehabilitation of the child, as soon as the
complaint is made to the Special Juvenile Police Unit (SJPU) or local
police, these will make immediate arrangements to give the child, care
and protection such as admitting the child into shelter home or to the
nearest hospital within twenty-four hours of the report. The SJPU or
the local police are also required to report the matter to the Child
Welfare Committee within 24 hours of recording the complaint, for
long term rehabilitation of the child.

24. The Act casts a duty on the Central and State Governments to spread awareness through media including the television, radio and the print media at regular intervals to make the general public, children as well as their parents and guardians aware of the provisions of this Act.

25. Where an act or omission constitutes an offence punishable under this Act and also under sections 166A, 354A, 354B, 354C, 354D, 370,370A, 375, 376, 376A, 376C, 376D, 376E or section 509 of the Indian Penal Code (45 of 1860),then, notwithstanding anything contained in any law for the time being in force, the offender found guilty of such offence shall be liable to punishment under this Act or under the Indian Penal Code as provides for punishment which is greater in degree.”

26. The Provisions of this Act is in addition to and not in derogation of any other provisions of any other Law. In case of any consistency the provisions of this act will have an overriding effect on any other provisions.

27. The POCSO Act is only applicable to child survivors and adult offenders. In case two children have sexual relations with each other, or in case a child perpetrates a sexual offence on an adult, the Juvenile Justice (Care and Protection of Children) Act, 2000, will
apply.


Duties of the Police as Specified in Protection of Children from Sexual Offences Rules 2012

1. As per Rule 4(1) of the Protection of Children from Sexual Offences
Rules 2012 when Police receive information of an offence committed
or attempted or likely to be committed it is the duty of the Police Official
to provide to the complainant:
(i) Name and Designation
(ii) Address and Telephone number
(iii) Name, Designation and contact details of the officer who
supervises him.

2. As per Rule 4(2) of the Protection of Children from Sexual Offences Rules 2012 when Police receive information of an offence committed or attempted or likely to be committed it is the duty of the Police Official to :

i. Register an FIR
ii. Provide a copy of the FIR to the complainant
iii. If the Child is in medical emergency arrange for the same immediately without delay
iv. Take the child to the Hospital accompanied by parents or any person the child trusts
v. Ensure sample collection for forensic examination
vi. Inform the child and his parents about a support person , legal advice and right to be represented by a lawyer

3. As per Rule 4(3) of the Protection of Children from Sexual Offences
Rules 2012 when a child is exploited by a person in the family, shared
household or in shelter home and it is found out that the child is without
parental support or without home the SJPU or Police will produce the
child before the Child Welfare Committee within 24 hours with reasons
in writing that the child in in need of cars and protection and request for
a detailed assessment by the Child Welfare Committee. After making a
detailed assessment and as per Rule 4(7) the Child Welfare Committee
will provide a support person to the child.

4. As per Rule 4(9) of the Protection of Children from Sexual Offences Rules 2012 the Police shall within 24 hours inform the Special Court of the support person provided to the child in writing.

5. As per Rule 4(11) of the Protection of Children from Sexual Offences Rules 2012 the Police shall inform the parents , support person, guardian as the case may be about the developments of the case arrest of the accused and details of various application filed.

6. As per Rule 4(12) of the Protection of Children from Sexual Offences Rules 2012 the Police shall inform the parent or support person or guardian the following :

(i) Availability of medical Services
(ii) Procedural steps involved in Criminal Prosecution
(iii) Availability of victim compensation
(iv) Arrest of the offender
(v) Filing of Charge against the offender
(vi) Dates of court proceedings
(vii) Bail or release of the Offender
(viii) Rendering of verdict
(ix) Sentence imposed on a an offender

7. As per Rule 5(3) of the Protection of Children from Sexual Offences Rules 2012 no medical practitioner shall demand any legal or magisterial requisition or other documentation as a prerequisite to rendering medical care.


Very Important:

A. It is a Punishable action if Police / Special Juvenile Police Unit fails to report a commission of the offence under this act [Section- 21 -(1) Protection of Children from Sexual Offences Act 2012 ]

B. If a Police Officer fails to register a case or take cognizance of the offence under Section 326-A, Section 326-B , Section 354,Section 354—B, Section 370,Section 370-A, Section 376,Section 376- A,Section 376-B, Section 376-C,Section 376-D, Section 376-E Indian Penal Code is punishable offence . [Section 166-A Indian Penal Code]