Disastrous age to start talking about adoption...

Talking about adoption to your child can be tricky.  If you talk about it to your child, they will have more questions to ask which can be difficult to answer at times.  But, if you don't answer, you may be violating their trust as well.  So, how do you deal with it?  This video explains how...  Happy adoption journey.

Guess, how many children are there in India to adopt?

Often prospective adoptive parents (PAP's) wait for years to adopt a child in/ from India.  They invariably wonder about the reasons for this inordinate delay when there are hundreds and thousands of children languish in children's homes.  The answer lies in the definition of 'free for adoption' in Juvenile and Justice Act ( JJ Act).  This video below breaks down the definition to help you make an informed decision.  Happy adoption journey...

Best Indian state to adopt a child...

A decision to adopt a child in/ from India can be stressful because numerous unknown variables.  There is no authentic material to read.  Well... wait no more.  Here is the information given for the first time by the Government of India in a report format (Jena Report) and we have broken it down in to small nuggets in a video format.  Hope you find this information useful to make an informed decisions on your adoption journey.  Happy adoption journey...

What is the difference between 'Disruption' and 'Dissolution' of adoption?

As hard as it is to hear about adoption being disrupted or annulled, it is better for a child not to live in an environment that is not conducive for his happiness and development.  To address this, CARA has developed provisions either for disruption or dissolution of adoption.  This video below explains all about that and more.

Is there a medical certificate format to follow to submit on CARAINGS?

There are number of documents (seven to be precise) to submit at the time of registration on CARINGS or Child Adoption Resource Information and Guidance System to adopt a child.  One such a document is 'Medical Certificate' from a medical practitioner.  

Should India allow people in 'Live-In' relationship to adopt a child?

Today (15th June, 2018) in 'The Hindu' newspaper, there is an article about Central Adoption Resource Authority - CARA, a statutory body governing the adoption of children in/ from India, rejecting people in live-in relationship from adopting children.

5 questions you must ask the adoption agency (Question # 1)

Since the time the adoption process had gone online, to a large extent, Specialized Adoption Agencies (SAA) role has been reduced to a clearing house.  Does that mean everything has become transparent?  Far from it.

Is it appropriate to make a donation to an adoption agency during the home study visit?

Recently I read on a google group for adoption someone asking if it is appropriate for an adoption agency that is doing a home study report to ask for a donation and how should they proceed.  This blogpost analyses it.

I want to foster a child before adopting, is that possible?

Many prospective adoptive families have this fear of unknown and hence they think of various ways to mitigate it.  One such measure a few think of is to foster a child before adopting.  But is that possible under the law/ rules governing adoption in India.  This blogpost explores it.

How to convince yourself to adopt an older child (FAQ)

During adoption counseling, very rarely I come across a topic that is non-receptive to prospective adoptive parents (PAP) except for a few and adopting an older child is one among them.  Thinking that adopting an older child is like adopting a young child is foolhardy.  This blogpost will take you on journey about how to convince yourself to adopt an older child if it’s not in your preferences.  

Is it necessary to produce an infertility certificate to adopt a child? (FAQ)

Often, families that are intending to adopt a child are asked to produce an infertility certificate issued by a medical doctor to facilitate home study report.  I do not know if there’s a certificate of that sort can be issued by the medical community, but if they do, nothing more embarrassing and violation of dignity of a person than that.  So, what do the families need to do then?

Can I register in more than one adoption agency at the same time? (FAQ)

I am beginning my adoption journey and would it be appropriate to enroll myself in more than one adoption agency simultaneously?

Can the adopted child be surrendered? (Adoption Q & A)

Once the adoption is completed legally, can that be surrendered to the state for any reason?

5 reasons why Indians are not open to adopting special needs children

Few years ago when my family and I attended 'India Camp' - camp for all the children adopted from India through Dillon International, in Tulsa, OK, I noticed an older than middle aged white woman pushing a young lady of Indian origin of about 12 years of age in a wheel chair around.

How do I deal with my daughter's school regarding adoption?

I am admitting my daughter in a school and I would like to know how to deal with the issue of adoption with the school authorities?

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.

Single men adopting a girl child (Q and A)

Why does India prevent single men from adopting a girl child? Isn't it discriminatory?

In JJ Act, sub-section 3 of 41 states this: In keeping with the provisions of the various guidelines for adoption issued from time to time, by the State Government, or Central Adoption Resource Agency (CARA), and notified by the Central Government, children may be may be given in adoption by a court after satisfying itself regarding the investigations having been carried out as are required for giving such children in adoption.

What the above section is stating is this: If the state government or CARA makes a rule, that's the rule to go by.

CARA has a made rules in "1.1.10 Safeguards". The 10th point "j" states the following: "Placement of girls with a single male is not allowed as also placement of children with same sex couples." (Click here to open the link). JJ Act is saying that if CARA makes a rule, that's the rule to go by as far as adoptions are concerned.

Now if you ask why did CARA make such a rule? The answer lies in an empirical study that the Ministry of Women & Child Development (parent body of CARA) did and released in 2007 titled "Child Abuse" (Click here to read the study) reported more than 60% of Indian children below the age of 14 are subjected to abuse of some kind or the other and 25% are subjected to sexual abuse by their own family members.

I personally don't think that this rule can stand the test of legal scrutiny in the court of law but till such a time arrives, it is the rule of CARA to go by.

So many orphans and so few adoptions in India...Why? (Q and A)

If there are so many orphans in the country then why is there always a long queue for parents to adopt? in Delhi, i believe the queue is of 6 yrs. why cant there be a coordination between ACAs and agencies of different states to provide home for these children in any part of the country.

the answer lies in the definitions of words "Orphan" and "Adoption" in the Juvenile & Justice Act.

According to the sub rule K of rule 2 of JJ rules, "Orphan" means a child who is without parents or willing and capable legal or natural guardian;

According to the sub section (aa) of section 2 of JJ act, "Adoption" means the process through which the adopted child is permanently separated from his biological parents and become the legitimate child of his adoptive parents with all the rights, privileges and responsibilities that are attached to the relationship;

Now, it should be clear from the definitions that there many orphans but not free for adoption or those children that are free for adoption do not meet the criteria of the prospective adoptive parents. Incapable legal guardians are more than happy to have their wards study in children's homes with the hope that someday they'll take care of them. These kind of children are whom we all are used to call them as "orphans". They may be as per the dictionary meaning (of not having parents) but still not free for adoption.

So what can anyone do about it? Look for the options that JJ Act offers immediately after biological family and adoptive family and that is "Foster Family" (clause C of sub-section 3 of section 39). Foster family is concept is a well known concept in the west with it's own set of problems but in India it is still not understood by many. It is a viable alternative for all the children in children's homes but it is going to take lot of hard work and creativity to make it work.

Post placement report requirement (Q and A)

I read on the US department of state, inter-country adoption page that CARA usually asks adoptive parents to provide post-placement reports until the child turns 18. Our agency did not ask require this of us. Is this new?

I really didnt know an anwswer to this question so I checked with CARA (Central Adoption Resource Authority of the Government of India and they say that the foreign adoption agencies are required to follow up for two year post placement. It is not required to follow till the child turns 18.

Producing infertility certificate for adoption (Q and A)

I am infertile and I am being told by my adoption agency that I need an infertility certificate to pursue adoption. Is this correct? Please help.

If your adoption agency is asking you for an 'Infertility Certificate', then it is doing something beyond what is CARA requiring as 'Documents' from an adoption agency.

You can follow this link to see the documents required by CARA from EFAA: http://cara.nic.in/guide_inter_country_annx2.htm

Clause (a) of sub-section 6 of section 41 of JJ act says this: The court may allow a child to be given in adoption to a person irrespective of marital status or;

I read the above section of the law when it talks about the marital status as "married", "Single" and "Divorcees". My argument is that if the law is as liberal as it is to give a child for adoption to a single person, then why is it a big deal to give to infertile person? Does it really matter? More over it is not even required by CARA.

Even if it is (infertility) mentioned in the home study, it need not be substantiated because it is a statement made to express the reason for adoption. It must end there without further probing.