Can OCI adopt in India?

In this blog post, we will answer the question, “Can an OCI adopt India?”. In doing so, we will look into the desired qualifications of an adoptive parent, the role played by CARA,, the procedures for adoption, and who may adopt from India. The blog post will also look into the economic nuances of adoption. 

Can OCI adopt in India?

A new set of rules will be used by NRI and OCI cardholders adopting children in India under the 1956 Hindu Adoption and Maintenance Act (HAMA) by obtaining a certificate without opposition. 

You’ll be able to bring your adopted child back to where you currently dwell. The Indian government will let you know soon.

HAMA allows Hindu, Sikh, Buddhist, and Jain parents to adopt.

The long-awaited Adoption Rule Guidelines – 2015 were released in the summer of 2015, increasing the appeal of adoption in India for prospective adoptive families. 

These recommendations underwent further revision in January 2017.

The number of specialized adoption agencies (SAA – licensed orphanages) in India has substantially expanded, allowing CARA (Central Adoption Resources Department) to present children for international adoption.

There are more kids available for adoption if there are more approved institutions.

CARA is also making significant improvements to the adoption process in India. NRIs, OCIs, and PIOs (people from India) can apply to the Indian state they wish to work in and remittances can be made from any SAA in that state. 

An NRI is an Indian who holds an Indian passport but is legally residing in the United States. An OCI is at least one parent who is a foreign citizen of the government of India. 

They are referred to as “foreigners” in India and are promising adoptive parents who are unable to announce their preference status. Anywhere in India, SAA can introduce foreign PAPs to kids.

  • accessible to both children with special needs and healthy children. India has greatly increased the number of healthy children with special needs that are available to both Indian and non-Indian families, and India has particular adoption policies for Indian families. 
  • Only after the children have been made available to the families of Indian citizens and NRIs for 60 days are OCI, PIO, and foreign families in India permitted to adopt healthy children. 

For healthy children, foreigners I NRI I OCI (ii), PIO (iii), and OCI (iv) are given priority. PIO and international families must welcome children with special needs, subject to the availability of healthy youngsters.

Children with particular physical needs, siblings of all ages, and older children (5 years and older) can all be considered as special needs. 

We are happy to have additional children with special needs available for adoptive families who are willing to care for them. 

Indian heritage is present in all adopted children in India. All have black hair, black eyes, and attractive features, while some have light flesh tones and others have darker skin tones. Boys and girls range in age from nine to sixteen, but they are typically at least 24 months old when they land in America. 

According to government regulations, all adoptive parents are required to fly to India to pick up their children. In New Delhi, the touring family will meet with IAN India officials.

PAP registration in CARINGS (Adoption Resource Information and Guidance System)

All prospective adoptive parents have CARINGS registrations (managed by CARA). PAP has a contract with IAN, performs an authorized home survey, and completes the necessary paperwork to register.

Qualifications for Future Adoptive Parents (PAP): 

  • Applicants must be US citizens.
  • A healthy child can be adopted by up to two kids at home. Adoptive parents with three or more kids should choose from the special needs category.
  • At least 25 years must have passed between the PAP and the adoptive child.
  • The PAP should not be older than 55 years old.

Married couple: 

Married couples must have a stable marriage and have been together for at least two years.

The combined maximum age of the adoptive parents at the time of CARA enrollment must be less than 90 in order to adopt a child under the age of four.

At the time of registration with CARA, the combined maximum age of the adoptive parents must be less than 100 in order to adopt a child between the ages of 4 and 8.

The combined maximum age of the adoptive parents must be less than 110 at the time of CARA enrollment in order to adopt a child between the ages of 8 and 18. Note that USCIS places a 16-year-old age restriction on adopted children who wish to come to the United States.

If they are biological siblings and are adopted together with other siblings, including younger siblings, USCIS allows children up to the ages of 16, 17, and 18.

Singles: 

To adopt a child up to the age of four, a single person must be younger than 45 at the time of CARA enrollment. A single must be under 50 when enrolled in CARA in order to adopt a kid between the ages of 4 and 8. 

A single adult must be under the age of 55 when they sign up for CARA in order to adopt a child between the ages of 8 and 18. Nota bene: USCIS places a 16-year-old minimum age requirement for adoption-related immigration.

The role of CARA

Following this recent breakthrough, there was intense discussion and debate over how to create a robust HAMA intercountry adoption mechanism. 

The only intercountry adoption agency, CARA, is presently unable to provide the NOCs necessary by the Hague Convention. The JJ system in India does not cover the adoption of HAMA.

Due to this legal restriction, NRI parents who adopted children through HAMA were unable to remove them from India without a court order. In India, this can be a laborious and time-consuming process.

The new regulation also sets a thorough review procedure to bridge the gap between foreign and domestic adoption, which tackles concerns about human trafficking masquerading as adoption.

There are several sets of regulations for adopting a kid from India in nations including Australia, the UK, Canada, New Zealand, and the USA.

Procedure for an OCI to follow for adoption 

Follow the instructions below to adopt whether you are an Indian citizen (OCI) or a foreigner with a regular residence in India. 

Step 1

You must first decide if you are eligible to adopt. The only foreigners who may be adopted in this manner are those who have a habitual residence in an OCI or India (i.e., who frequently dwell in India).

Step 2:

Register online with the Central Adoption Resource Authority (CARA) by visiting their website. a location to complete an application that will direct you to a system of adoption and care information and advice.

Step 3: 

  • You must submit your application and the necessary paperwork. Specifically, your photo PAN card.
  • Your birth certificate (or, if you’re married, the birth certificate of your spouse)
  • Residence permit (passport, voter ID, Aadhar card, most recent electricity bill, phone bill)
  • Proof of income for the previous year, including a payment statement, government income tax return, income tax return, and, in the case of couples, a spouse’s diagnosis
  • Marriage license, divorce decree, civil divorce decree, divorce decree from court, and death certificate of a spouse (if applicable)

Step 4:

An experienced adoption agency completes the adoption (SAA). The adoption application may be accepted or rejected based on this. The outcomes will be made available on the CARINGS website.

Step 5

The SAA will recommend three children through CARINGS based on your seniority if your application is approved Within 48 hours, you can schedule your child for adoption consideration. 

A meeting will be set up to pair you with your child and evaluate their aptitude. If you don’t accept your child, your name will drop to the bottom of the priority list after this process is finished in 20 days.

Step 6

SAA will monitor the hiring process and submit a follow-up report every six months for a two-year period. If there is a problem, counseling will be offered; however, if the issue arises after the kid has been adopted, the child will be returned to the adoptive parents and another prospective adoptive parent will be legally adopted at no cost. 

How can I finish the adoption? 

You can travel to India to adopt your child once you’ve finished the aforementioned stages. One trip is usually sufficient and lasts between two and four weeks. 

You finish adopting your child during this time while also waiting for the finalization of the outstanding paperwork. You must get your child’s Indian passport and US birth certificate before you leave for home. 

To finish your visa application, you must go to a visa interview with the US Embassy. You can go home and begin living as a family as soon as you get all the aforementioned documentation for your child.

In India, who may adopt?

Children must fulfill both the requirements of the Convention on Eligible Children and the accompanying Indian standards because India is a party to the Hague Adoption Convention.

The Child Welfare Commission adopted the child (CWC).

Children who are younger than 18 (Note: In most cases, the Hague Convention requires children to be under the age of 16 at the time of parental adoption).

India likewise strongly supports maintaining sibling groups. Not CARA, but India’s Ministry of Foreign Affairs should be contacted if you’re interested in adopting a Tibetan child.

How long does it take to adopt from India?

The adoption procedure typically takes two to four years for most families. In India, waiting for a child to be introduced is the most crucial step in the adoption process.

Adopting a boy or a child with special needs may allow parents to skip some of the waiting periods.

Adoption funding in India

Adoption in India typically costs between $30,000 and $40,000, however some families may pay more or less. This includes expenses like:

  • Cost of placing an adoption
  • Fee for international programs
  • traveling costs
  • The cost of home study
  • Registration and paperwork costs
  • cost of third parties

These expenses are covered gradually over the course of the adoption procedure. To assist families in realizing their adoption aspirations, a variety of institutions and independent organizations offer loans and grants. 

Please get in touch with an adoption specialist if you have any questions concerning financial aid.

Travel Advice for India Adoption

Knowing what to anticipate will help you plan for your major vacation when visiting India. There are certain tips to make your travels easier, in addition to standard safety.

If you’re close to India’s coastline, exercise caution when near or in the sea and pay attention to the necessary warnings. There are few guards and strong, potentially hazardous trails in the coastal waters. 

India provides opportunity for wildlife safaris. If you go, make sure to always stay a safe distance from the animals, and find out if your guide has the necessary training and credentials. 

Travelers with disabilities may experience issues in various locations due to inadequate accessibility in many regions.

The Delhi Metro system is the most dependable choice if you need accommodations for travel with accessibility changes.

References 

  1. https://adoption.com/forums/thread/396404/oci-adopting-from-india/ 
  2. https://www.nriaffairs.com/adoption-rules-for-nri-oci-set-to-ease-to-allow-hindu-parents-to-bring-their-adopted-child-home/ 

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