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 India has signed the Hague Treaty hence the process is followed as per the Hague Convention on Protection of Children & Cooperation in Intercountry Adoption.
Adoption with any Prospective Adoptive Parents (PAP) living abroad is considered as Inter Country Adoption.
A Non Resident Indian (NRI) could be where PAP is on work permit or where at least one parent holds an Indian passport.
An Overseas Citizen of India (OCI) PAP is foreign citizen and holding an Overseas Citizenship Indian Passport.
A Person of Indian Origin (PIO) PAP is a foreign citizen and holds a Person of Indian Origin card.
Foreign applicant (PAP) is a foreigner who is a foreign citizen.
BSSK has a large waiting list of domestic families hence less children are available for Intercountry Adoption.
The Central Adoption Resource Authority (CARA) functions as a nodal body on adoption matters in the country. The Government of India has recently notified the ‘Guidelines Governing Adoption of children -2011’ It can be viewed on CARA’s website – www.adoptionindia.nic.in.
In conformity with the CARA guidelines we draw your attention to point:
59. De-recognition or suspension of recognition of specialized adoption agency.
(2) The recognition of a specialized adoption agency maybe suspended on anyone or more of the following grounds:
(ix) Receiving any donation whether in kind or cash from prospective adoptive parents or adoptive parents.
Clause 107 speaks of the Adoption expenses and 107 (d) reiterate the point mentioned above.
BSSK is thus unable to take any donations from prospective adoptive parents or adoptive parents. Kindly make note of the same.
Inter Country Adoption process can be routed through a licensed Social Service Organization in the country of residence of Prospective Adoptive Parents (PAP). Further it should be enlisted with Central Adoption Resource Authority (CARA) New Delhi, India. The Enlisted Foreign Agency list is updated on CARA’s website ‘ www.adoptionindia.nic.in’
Other than this any Government Department/Ministry or any authorized body of the foreign country can process the intercountry adoption. It is expected to mutually accept the requirements of the adopters and adoptee's respective country.
When we receive the complete adoption dossier along with the child assignment papers countersigned by the family, then within a few days the dossier will be sent to ARC for State Recommendation and then ARC with their recommendation will forward the dossier to CARA. CARA takes a couple of weeks to process their say. Only when we receive the CARA No Objection Certificate (NOC) can the case be filed in the competent court under Juvenile Justice Act 2000 (amended in 2006).
- Either the PAP or BSSK Representative can file the adoption petition in District Court, Pune.
- A child be placed under pre-adoptive foster care provided they are based in Maharashtra within the jurisdiction of the Court till the adoption is finalized.
- In this period a Post Placement Report through a recognized agency needs to be submitted to court.
- Also the Indian Council of Social Welfare (ICSW) scrutiny body for the court gives its say to the court.
- Depending on the judges the first hearing can come up only after 4 to 6 weeks from the date of filing petition in court.
- The a final hearing date is scheduled.
After the case is heard in District Court then the judge dictates the order. To complete the court order formalities and to receive the certified court order in hand takes further 2 weeks. Then we can apply for the passport of the child under ’Tatkal’ (immediate) and normally it takes about 10 working days for the passport to be issued.
The above processing period from receiving the complete dossier (including child assignment papers) to receiving the child’s passport in hand can vary from 4 to 6 months. This period can vary, as we have to work with different agencies/officials/judges at CARA, ICSW, Courts and Passport office.
Post Legal follow-up report (CARA format) has to be sent to CARA, ICSW, COURTS and the Placement agency through the enlisted agency.
Adoption Fees are reimbursed as per CARA guidelines only.
BSSK assures of their wholehearted co-operation during this process. BSSK does not accept money or gifts from families who wish to push their way on top of the waiting list. BSSK is highly regarded in the field of Child Care and Adoptions and discourages all unethical practices in the process of adoption.
No tips/gifts in kind or cash should be given to any Social Worker/ Caretaker/Child Care Worker/Administrative staff of BSSK. This request is made as every child that is adopted through BSSK includes the participation of all the staff as a result of teamwork.
The above is a general guideline to assist families in preparing them in their adoption.
The requirements/process is subject to change as per new changes in guidelines and policies.
BSSK solicits the cooperation and understanding.
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