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Monday, February 15, 2010

Inter-Country adoptions under HAMA (Q and A)

I am an American citizen and a Hindu. I want to adopt a child from India under Hindu Adoption & Maintainance Act (HAMA). Is it possible?

For any Inter-Country adoption from India, normally act that is used is called 'Guardianship and Wards Act' (GAWA). According to CARA, if you're a Hindu and even if you carry a foreign passport, you can also adopt under HAMA.

Personally, if I have a choice, I would adopt under HAMA because the adoption is completed even before the child is taken from India.

You must check with your state in the US to see if they require for you to readopt the child to obtain a birth certificate or you can use the HAMA decree (obtained in India) itself to apply for the birth certificate?

Some states require that you readopt in the US under their own adoption laws to obtain the birth certificate and if it is the case, you must readopt to get the certificate. If you have any plans to do a second adoption, adoption decrees are essential.

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