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.
Showing posts with label New CARA guidelines. Show all posts
Showing posts with label New CARA guidelines. Show all posts
Sunday, June 09, 2019
Saturday, June 08, 2019
5 Unique tips to bond with your adopted child...
Some adoptive children go through such difficult growing up years that they carry a lot of baggage which requires special awareness and interventions to help them overcome. No two adoptive children are same so every parent has to learn to look at their child from their child's angle to understand and address his/ her unique challenges.
Friday, June 07, 2019
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...
Thursday, July 26, 2007
CARA Guidelines - Suggestion # 1
Mandatory preparation for domestic families.
As per 6.42 of CARA guidelines (Under the "PROCEDURE FOR ADOPTION BY INDIAN PROSPECTIVE ADOPTIVE PARENTS (IPAP)RESIDING IN INDIA), counseling and preparation of prospective adoptive parents(PAP's) is vague.
Wouldn't it be better if CARA or "State Adoption Resource Agency" or SARA make specific requirements about what the PAP's need to be informed and equipped about? I suggest that CARA or SARA make 8 hours of mandatory educational training from an approved trainer/ social worker/counsellor for an approved content.
Hague convention on inter-country adoptions require 10 hours of mandated training for the PAP's and it would be better if the same applies to domestic PAP's too.
As per 6.42 of CARA guidelines (Under the "PROCEDURE FOR ADOPTION BY INDIAN PROSPECTIVE ADOPTIVE PARENTS (IPAP)RESIDING IN INDIA), counseling and preparation of prospective adoptive parents(PAP's) is vague.
Wouldn't it be better if CARA or "State Adoption Resource Agency" or SARA make specific requirements about what the PAP's need to be informed and equipped about? I suggest that CARA or SARA make 8 hours of mandatory educational training from an approved trainer/ social worker/counsellor for an approved content.
Hague convention on inter-country adoptions require 10 hours of mandated training for the PAP's and it would be better if the same applies to domestic PAP's too.
- CARA or SARA can prepare the requirements of the content (and the intended objective that the content must achieve) and approve the providers (with a license) for a small fee who in turn will conduct the preparatory course at the place and date of their choice.
- Providers need to be given an approval with an expiration date after which they need to seek an extension by paying the renewal fee.
- At the completion of such a course, CARA or SARA will issue a certificate (make it valid for three years) without which PAP's cannot register for domestic adoption.
Apart from preparing the families, this suggestion could also become an employment to some.
Monday, July 23, 2007
New CARA guidelines # 2
(These guidelines are reprinted from the guidelines that are on CARA web site for comments. Kindly join in the discussion to debate about the pros/ cons of these new guidelines. Feel free to leave your comments in the comments section below)
5.5 PROCEDURE FOR ADOPTION FROM INDIA BY NRIS/OCIS/ PIOS/FOREIGNERS*
In the light of Supreme Court directions in L.K.Pandey vs. Union of India (WP No 1171 of 1982 and its subsequent Orders) and Guidelines issued by various High Courts in the country and India ratifying Hague Convention on Inter-country Country Adoption in the year 2003, it has now been decided to receive all applications from all prospective NRI/OCI/PIO/Foreign adoptive parents directly from Central Authority/Government Department or EFAA at CARA. The procedure will be followed as under and termed as “Adoption proceedings under the Hague Convention”.
5.5.1 Step I (Registration for NRI/OCI/PIO/Foreign PAPs)
All PAPs may register with the nearest Enlisted Foreign Adoption Agencies (EFAA) and Central Authority/Government Department dealing with adoption matters. Nearest Indian Diplomatic Mission or Central Adoption Resource Agency, New Delhi are contact points for adoption information/application form/checklist of documents. Such information may be retrieved from CARA’s website, i.e. www.adoptionindia.nic.in
· The applicants will have to contact or register with an Enlisted Foreign Adoption Agency (EFAA)/Central Authority/Govt. Deptt. in their country, in which they are resident.
· The applicants should obtain the permission of the competent authority for adopting a child from India. Where such Central Authorities or Government departments are not available, then the applications may be sent by the EFAA with requisite documents including documentary proof that the applicant is permitted to adopt from India. However, NRI and OCI parents residing in Middle East are exempted from such permission as adoption is not recognized in such countries.
5.5.2 Step II (Home Study and Other requirements)
· A home study report of the prospective adoptive parents will be prepared based on the standard Guidelines by the professional social worker of the EFAA or Central Authority/Government Department dealing with adoption matters. The adoption application dossier should contain all documents prescribed in Annexure H2. All documents are to be notarized. The signature of the notary is either to be attested by the Indian Embassy/High Commission or the appropriate Govt. Department of the receiving country. If the documents are in any language other than English, then the originals must be accompanied by attested translations (see apostle convention).
· Each application should include all the required documents along with authentications and translations in English if required so. In addition, each application should indicate any preferences the prospective adoptive parents might have about the child’s age, sex, physical/medical condition, or region of origin within India.
5.5.3 Step III(Advance NOC to PAPs by CARA)
· EFAA/CA/concerned Government Department of the receiving country has to submit copies of the adoption applications (not original) directly to the CARA for consideration. On receiving complete dossier, CARA shall make entry into the central registry and approve the same.
· A listing of CARA-enlisted agencies can be found on www.adoptionindia.nic.in. Applications may also be forwarded through concerned CA/Government Department. On receiving dossaire, a case file will be opened at CARA and it will advise the PAPs through their sponsoring agency whether additional documents are required.
Once CARA approves the application, it will communicate the EFAA/CA/Government Department to send the original proposal to the particular RIPA for arranging a suitable match if already indicated on the application; otherwise, CARA shall suggest the name of alternate SAA (RIPA) to send its original dossier where children are available for inter-country adoption to respond to such applications. Initial approval given by CARA to the PAPs will no way guarantee referral from India nor it will be obligatory on the part of CARA to match a child. Any referral depends upon availability of children for inter-country adoption.
5.5.4 Step IV (Matching, Referral, Consent and confirmation of adoption proposal)
· SAA (RIPA) shall be responsible for placement decision, matching and referral to PAPs in each case. RIPA need not transmit matching information to prospective adopters directly, on the other hand, it will transmit such information to the EFAA/CA/Govt. Department as the case may be as required under regulations of Hague Convention.
· On receiving information about CARA’s initial approval and further original dossier of the PAP, the SAA (RIPA) shall make every effort to match a child according to the choice given by the PAPs and accordingly it shall forward the sponsoring agency a copy of the CSR and PER of the child along with a letter of introduction about the child. This document is commonly called a ‘referral.’
· Once the matching information has been received and discussed by the adoption agency with the PAPs, the PAPs then may visit the child in India. At this stage, the child can not be entrusted to PAPs as a result of this initial visits to/meetings with, the child. Before agreement under 17© of the Convention, no child can be entrusted to PAP.
· On acceptance of the child by the PAPs, the sponsoring agency shall transmit its original copy to RIPA and photocopy/scanning copy to CARA. CARA shall maintain an online updating system to enable PAPs to see their status of applications.
· If prospective adoptive parent(s) are declined to accept referral in consecutive 3 times, in such case, the PAPs may be advised by the EFAA/CA/Government Department to withdraw their application for adoption from India. SAA (RIPA) requires a response on a referral within 4 weeks of sending a referral to a family.
· PAPs are advised to visit the proposed child if they so desire after referral. Copy of any communication between SAA (RIPA) and foreign agency/authority shall be endorsed to CARA and it will endorse copy of relevant communication to the sponsoring agency or RIPA as the case may be.
· CARA shall maintain a list of special needs children on its website which will be updated from time to time for the benefit of PAPs and children. For such children, PAPs may approach CARA through their EFAA/CA/Government Department and CARA in such cases shall assist the SAAs to expeditiously send referrals to PAPs.
5.5.5 Step V(Issue of No Objection Certificate to Child by CARA)
CARA shall expeditiously issue NOC at this stage since it has already received HSR from the sponsoring agency, SARA Clearance from the State and CSR/PER initially from SAA and later their acceptance through the sponsoring agency.
NOC(No Objection Certificate) issued by CARA conveys that CARA has no objection to the adoption proposal and a copy of it shall be mailed to RIPA, SARA, CA, EFAA following which the concerned Central Authority under Article 17© of the Convention shall act promptly to conclude an Article 17© agreement with CARA and notify the CARA, EFAAs, RIPA and the PAPs accordingly. Only after such procedure is completed, a decision to entrust the child to the PAPs can be taken. It is urged that PAPs should not be pressurized to take physical custody of the child in case they do not have such papers.
Once the PAPs have received order under Article 17©, they may proceed to obtain a Court Order in India
· No SAA can file an application in the competent court for inter-country adoption without a “No Objection Certificate” from CARA and no child(orphan, abandoned or surrendered) can be allowed to travel out side the country without this valid document.
5.5.6 Step VI (Filing of Petition in the Court)
· On receipt of the NOC from CARA, the RIPA shall file a petition for adoption in the competent court as far as possible within 15 days if the court is not closed. The competent court may dispose the case as early as possible in the first hearing itself or within a maximum period of 2 months and issue an appropriate order for the placement of the child with the PAP and allow the PAP to take out of the country.
· On receiving the Court Order, RIPA shall immediately transmit a copy of it to CARA and SARA following which CARA will issue a certificate under Article 23 of the Hague Convention. The Hague Convention requires all States that have signed the Convention to recognize adoptions, which have been certified under Article 23. Through such process, the child might acquire automatic citizenship/nationality and enjoy more safeguards.
5.5.7. Step VII (Passport and Visa)
· SAA (RIPA) has to apply in the Regional Passport Office for obtaining an Indian Passport in favour of the child. The concerned Regional Passport Officer may issue the Passport within 10 days. Thereafter the VISA entry permit may be issued by the Consulate/Embassy/High Commission of the concerned country for the child.
5.5.8 Step VIII (Child travels to adoptive country)
· The adoptive parent/parents will have to come to India and accompany the child back to their country. They are required to spend at least one week with the child. By doing so, they get a chance to mingle with the baby before making final departure, they get to know more information about the baby’s food habits and attitudes from the child care staff of the adoption agency. Escorting a child by the RIPA is not permitted.
5.5.9 Step IX
The receiving central authority or its EFAA shall keep CARA informed about the progress of placement through post-placement reports as provided under Article 20 of the Hague Convention for a period of 2 years.
*NRI means Indian citizens who hold Indian passports and are presently residing abroad.
*Persons of Indian origin (PIO) means a foreign citizen (not being a citizen of Pakistant, Bangladesh and other countries as may be specified by the Central Govt. from time to time) if:
(i) he/she at any time held an Indian Passport; or
(ii) he/she or either of his parents or grand parents or great grand parents was born in and permanently resident in India as defined in the govt. of India Act 1935 and other territories that became part of India thereafter provided neither was at any time a citizen of any of the aforesaid countries (as referred to) above;
(iii) he or she is a spouse of a citizen of India or a person of Indian origin covered under
(a) or (b) above.
*OCI means a person registered as Overseas Citizen of India(OCI) under section 7A of the Citizenship Act, 1955.
*PIO Card Holder: A person registered as PIO Card Holder under MHA’s scheme vide Notification No 26011/4/98-F.I dtd. 19.08.2002.
5.5 PROCEDURE FOR ADOPTION FROM INDIA BY NRIS/OCIS/ PIOS/FOREIGNERS*
In the light of Supreme Court directions in L.K.Pandey vs. Union of India (WP No 1171 of 1982 and its subsequent Orders) and Guidelines issued by various High Courts in the country and India ratifying Hague Convention on Inter-country Country Adoption in the year 2003, it has now been decided to receive all applications from all prospective NRI/OCI/PIO/Foreign adoptive parents directly from Central Authority/Government Department or EFAA at CARA. The procedure will be followed as under and termed as “Adoption proceedings under the Hague Convention”.
5.5.1 Step I (Registration for NRI/OCI/PIO/Foreign PAPs)
All PAPs may register with the nearest Enlisted Foreign Adoption Agencies (EFAA) and Central Authority/Government Department dealing with adoption matters. Nearest Indian Diplomatic Mission or Central Adoption Resource Agency, New Delhi are contact points for adoption information/application form/checklist of documents. Such information may be retrieved from CARA’s website, i.e. www.adoptionindia.nic.in
· The applicants will have to contact or register with an Enlisted Foreign Adoption Agency (EFAA)/Central Authority/Govt. Deptt. in their country, in which they are resident.
· The applicants should obtain the permission of the competent authority for adopting a child from India. Where such Central Authorities or Government departments are not available, then the applications may be sent by the EFAA with requisite documents including documentary proof that the applicant is permitted to adopt from India. However, NRI and OCI parents residing in Middle East are exempted from such permission as adoption is not recognized in such countries.
5.5.2 Step II (Home Study and Other requirements)
· A home study report of the prospective adoptive parents will be prepared based on the standard Guidelines by the professional social worker of the EFAA or Central Authority/Government Department dealing with adoption matters. The adoption application dossier should contain all documents prescribed in Annexure H2. All documents are to be notarized. The signature of the notary is either to be attested by the Indian Embassy/High Commission or the appropriate Govt. Department of the receiving country. If the documents are in any language other than English, then the originals must be accompanied by attested translations (see apostle convention).
· Each application should include all the required documents along with authentications and translations in English if required so. In addition, each application should indicate any preferences the prospective adoptive parents might have about the child’s age, sex, physical/medical condition, or region of origin within India.
5.5.3 Step III(Advance NOC to PAPs by CARA)
· EFAA/CA/concerned Government Department of the receiving country has to submit copies of the adoption applications (not original) directly to the CARA for consideration. On receiving complete dossier, CARA shall make entry into the central registry and approve the same.
· A listing of CARA-enlisted agencies can be found on www.adoptionindia.nic.in. Applications may also be forwarded through concerned CA/Government Department. On receiving dossaire, a case file will be opened at CARA and it will advise the PAPs through their sponsoring agency whether additional documents are required.
Once CARA approves the application, it will communicate the EFAA/CA/Government Department to send the original proposal to the particular RIPA for arranging a suitable match if already indicated on the application; otherwise, CARA shall suggest the name of alternate SAA (RIPA) to send its original dossier where children are available for inter-country adoption to respond to such applications. Initial approval given by CARA to the PAPs will no way guarantee referral from India nor it will be obligatory on the part of CARA to match a child. Any referral depends upon availability of children for inter-country adoption.
5.5.4 Step IV (Matching, Referral, Consent and confirmation of adoption proposal)
· SAA (RIPA) shall be responsible for placement decision, matching and referral to PAPs in each case. RIPA need not transmit matching information to prospective adopters directly, on the other hand, it will transmit such information to the EFAA/CA/Govt. Department as the case may be as required under regulations of Hague Convention.
· On receiving information about CARA’s initial approval and further original dossier of the PAP, the SAA (RIPA) shall make every effort to match a child according to the choice given by the PAPs and accordingly it shall forward the sponsoring agency a copy of the CSR and PER of the child along with a letter of introduction about the child. This document is commonly called a ‘referral.’
· Once the matching information has been received and discussed by the adoption agency with the PAPs, the PAPs then may visit the child in India. At this stage, the child can not be entrusted to PAPs as a result of this initial visits to/meetings with, the child. Before agreement under 17© of the Convention, no child can be entrusted to PAP.
· On acceptance of the child by the PAPs, the sponsoring agency shall transmit its original copy to RIPA and photocopy/scanning copy to CARA. CARA shall maintain an online updating system to enable PAPs to see their status of applications.
· If prospective adoptive parent(s) are declined to accept referral in consecutive 3 times, in such case, the PAPs may be advised by the EFAA/CA/Government Department to withdraw their application for adoption from India. SAA (RIPA) requires a response on a referral within 4 weeks of sending a referral to a family.
· PAPs are advised to visit the proposed child if they so desire after referral. Copy of any communication between SAA (RIPA) and foreign agency/authority shall be endorsed to CARA and it will endorse copy of relevant communication to the sponsoring agency or RIPA as the case may be.
· CARA shall maintain a list of special needs children on its website which will be updated from time to time for the benefit of PAPs and children. For such children, PAPs may approach CARA through their EFAA/CA/Government Department and CARA in such cases shall assist the SAAs to expeditiously send referrals to PAPs.
5.5.5 Step V(Issue of No Objection Certificate to Child by CARA)
CARA shall expeditiously issue NOC at this stage since it has already received HSR from the sponsoring agency, SARA Clearance from the State and CSR/PER initially from SAA and later their acceptance through the sponsoring agency.
NOC(No Objection Certificate) issued by CARA conveys that CARA has no objection to the adoption proposal and a copy of it shall be mailed to RIPA, SARA, CA, EFAA following which the concerned Central Authority under Article 17© of the Convention shall act promptly to conclude an Article 17© agreement with CARA and notify the CARA, EFAAs, RIPA and the PAPs accordingly. Only after such procedure is completed, a decision to entrust the child to the PAPs can be taken. It is urged that PAPs should not be pressurized to take physical custody of the child in case they do not have such papers.
Once the PAPs have received order under Article 17©, they may proceed to obtain a Court Order in India
· No SAA can file an application in the competent court for inter-country adoption without a “No Objection Certificate” from CARA and no child(orphan, abandoned or surrendered) can be allowed to travel out side the country without this valid document.
5.5.6 Step VI (Filing of Petition in the Court)
· On receipt of the NOC from CARA, the RIPA shall file a petition for adoption in the competent court as far as possible within 15 days if the court is not closed. The competent court may dispose the case as early as possible in the first hearing itself or within a maximum period of 2 months and issue an appropriate order for the placement of the child with the PAP and allow the PAP to take out of the country.
· On receiving the Court Order, RIPA shall immediately transmit a copy of it to CARA and SARA following which CARA will issue a certificate under Article 23 of the Hague Convention. The Hague Convention requires all States that have signed the Convention to recognize adoptions, which have been certified under Article 23. Through such process, the child might acquire automatic citizenship/nationality and enjoy more safeguards.
5.5.7. Step VII (Passport and Visa)
· SAA (RIPA) has to apply in the Regional Passport Office for obtaining an Indian Passport in favour of the child. The concerned Regional Passport Officer may issue the Passport within 10 days. Thereafter the VISA entry permit may be issued by the Consulate/Embassy/High Commission of the concerned country for the child.
5.5.8 Step VIII (Child travels to adoptive country)
· The adoptive parent/parents will have to come to India and accompany the child back to their country. They are required to spend at least one week with the child. By doing so, they get a chance to mingle with the baby before making final departure, they get to know more information about the baby’s food habits and attitudes from the child care staff of the adoption agency. Escorting a child by the RIPA is not permitted.
5.5.9 Step IX
The receiving central authority or its EFAA shall keep CARA informed about the progress of placement through post-placement reports as provided under Article 20 of the Hague Convention for a period of 2 years.
*NRI means Indian citizens who hold Indian passports and are presently residing abroad.
*Persons of Indian origin (PIO) means a foreign citizen (not being a citizen of Pakistant, Bangladesh and other countries as may be specified by the Central Govt. from time to time) if:
(i) he/she at any time held an Indian Passport; or
(ii) he/she or either of his parents or grand parents or great grand parents was born in and permanently resident in India as defined in the govt. of India Act 1935 and other territories that became part of India thereafter provided neither was at any time a citizen of any of the aforesaid countries (as referred to) above;
(iii) he or she is a spouse of a citizen of India or a person of Indian origin covered under
(a) or (b) above.
*OCI means a person registered as Overseas Citizen of India(OCI) under section 7A of the Citizenship Act, 1955.
*PIO Card Holder: A person registered as PIO Card Holder under MHA’s scheme vide Notification No 26011/4/98-F.I dtd. 19.08.2002.
New CARA guidelines # 1
(These guidelines are reprinted from the guidelines that are on CARA web site for comments. Kindly join in the discussion to debate about the pros/ cons of these new guidelines. Feel free to leave your comments in the comments section below)
PROCEDURE FOR ADOPTION BY INDIAN PROSPECTIVE ADOPTIVE PARENTS (IPAP) RESIDING IN INDIA
6.4.1 Stage I (Registration)
Prospective adoptive parent(s) may register themselves with SAA/DM/ACA/SARA. Provisional registration by PAPs through Internet shall be accepted. SAA/SARA are contact points for adoption information/application form/checklist of documents. In case CARA receives a particular request from a PAP to adopt, it shall forward the application to concerned SARA for appropriate response.
6.4.2 Stage II (Pre-adoption counseling & Preparation of the PAPs)
Most of the PAPs have got several queries to be addressed and it is important that the PAPs take informed decision after understanding how to go about it.
6.4.3 Stage III (Home Study and Other requirements)
A home study report (HSR) of the prospective adoptive parents will be prepared based on the prescribed Guidelines by the social worker of the SAA or SARA may authorize any other competent person to prepare HSR. To allay the fears and apprehensions of the prospective adoptive parent(s), pre-adoptive counseling sessions will be undertaken by the social worker during the preparation of the home study report. Assessing the ability of a couple to parent a child not born to them is of crucial importance in a successful adoption. Therefore, their suitability to care for an unrelated child is assessed through this home study and counselling. Documents relating to the financial and health status of the prospective parent(s) will be part of the Home Study Report.
In case of Inter-State adoption applications by parent(s), HSR may be completed where the PAP is residing and further forwarded to the SARA in other State. HSR completed by any authorized individual/professional social worker of SAA shall remain relevant for any other SAA in the country.
Criteria for eligibility of parent(s) will be adhered to as per prescribed norm. The Agency will make a suitable reference from amongst the admitted children legally free for adoption. PAP’s eligibility is to be determined on the basis of Home Study Report (HSR) and supporting documents.
6.4.4 Stage IV(Matching, Referral, Consent and confirmation of adoption proposal)
Matching of a proposed child with a PAP where HSR has already been completed can start only if the competent authority has established the fact that the child is free for adoption.
After a Home Study has been accepted and approved, a child will be shown to the parent(s). The SAA/RIPA will take care to match a child meeting the description, if any, desired by the parent(s). Referrals to a particular PAPs may be given up to 3 children matching the desire of the couple and best interest of the child.
In case of placement of older children (above the age of 6), both written and verbal consent of the child will be obtained.
Matching of a child with PAP is the most important task left to the SAA which has to be decided only keeping the priority of “the best interest of the child”. The need of the child is superior to the desire of the PAPs. Matching should be assigned to a team constituting members, i.e. Secretary of the SAA, Sr Professional Social Worker, Visiting Medical Officer, Lawyer and such other members who are key role players in the particular institution.
Referral of a Child means referring adoption proposal of a child for a considered opinion of the PAP. It should include a copy of the CSR and PER for perusal of the PAP.
Once the PAPs put their signature on CSR and PER, formal acceptance of the PAP is confirmed. Acceptance by the PAP leads to the conclusion that the couple has accepted the proposed child to adopt and offer him/her a loving and caring family. The PAPs are advised to see the child physically before they give their acceptance.
SAAs are required to help PAPs for availing birth certificates from competent authorities
SARA can intervene in any particular situation including in matters related to referral and placement decision and its decision shall be final in all cases of domestic adoption.
6.4.5 Stage V (Legal Procedure)
Once a successful matching has been done, the agency will file a petition in the appropriate Court for obtaining the necessary orders under the relevant Act. Pending court order, the PAPs may be allowed by the SAA to keep the child in pre-adoption foster care after signing a foster care affidavit. The adoption petition may contain all requisite documents as prescribed in Annexure-G.
The child can be legally placed with the parent(s) under JJ-Act or HAMA. The prospective parents should be informed about the two different Acts available and the ramifications of each one. It would be left to them to decide as to which Act they would like to file their petition. SAA shall forward a copy of the adoption order to CWC & SARA. In case of Inter-country adoption, a copy of the order must be sent to CARA.
6.4.6 Stage VI (Follow up visits and post-adoption services)
Once an order has been issued, it should be followed by regular follow-up visits and post adoption counseling by the social worker till the child is adjusted in the new environment. The follow up should preferably be for a period of one year at-least or as directed by the Court.
PROCEDURE FOR ADOPTION BY INDIAN PROSPECTIVE ADOPTIVE PARENTS (IPAP) RESIDING IN INDIA
6.4.1 Stage I (Registration)
Prospective adoptive parent(s) may register themselves with SAA/DM/ACA/SARA. Provisional registration by PAPs through Internet shall be accepted. SAA/SARA are contact points for adoption information/application form/checklist of documents. In case CARA receives a particular request from a PAP to adopt, it shall forward the application to concerned SARA for appropriate response.
6.4.2 Stage II (Pre-adoption counseling & Preparation of the PAPs)
Most of the PAPs have got several queries to be addressed and it is important that the PAPs take informed decision after understanding how to go about it.
6.4.3 Stage III (Home Study and Other requirements)
A home study report (HSR) of the prospective adoptive parents will be prepared based on the prescribed Guidelines by the social worker of the SAA or SARA may authorize any other competent person to prepare HSR. To allay the fears and apprehensions of the prospective adoptive parent(s), pre-adoptive counseling sessions will be undertaken by the social worker during the preparation of the home study report. Assessing the ability of a couple to parent a child not born to them is of crucial importance in a successful adoption. Therefore, their suitability to care for an unrelated child is assessed through this home study and counselling. Documents relating to the financial and health status of the prospective parent(s) will be part of the Home Study Report.
In case of Inter-State adoption applications by parent(s), HSR may be completed where the PAP is residing and further forwarded to the SARA in other State. HSR completed by any authorized individual/professional social worker of SAA shall remain relevant for any other SAA in the country.
Criteria for eligibility of parent(s) will be adhered to as per prescribed norm. The Agency will make a suitable reference from amongst the admitted children legally free for adoption. PAP’s eligibility is to be determined on the basis of Home Study Report (HSR) and supporting documents.
6.4.4 Stage IV(Matching, Referral, Consent and confirmation of adoption proposal)
Matching of a proposed child with a PAP where HSR has already been completed can start only if the competent authority has established the fact that the child is free for adoption.
After a Home Study has been accepted and approved, a child will be shown to the parent(s). The SAA/RIPA will take care to match a child meeting the description, if any, desired by the parent(s). Referrals to a particular PAPs may be given up to 3 children matching the desire of the couple and best interest of the child.
In case of placement of older children (above the age of 6), both written and verbal consent of the child will be obtained.
Matching of a child with PAP is the most important task left to the SAA which has to be decided only keeping the priority of “the best interest of the child”. The need of the child is superior to the desire of the PAPs. Matching should be assigned to a team constituting members, i.e. Secretary of the SAA, Sr Professional Social Worker, Visiting Medical Officer, Lawyer and such other members who are key role players in the particular institution.
Referral of a Child means referring adoption proposal of a child for a considered opinion of the PAP. It should include a copy of the CSR and PER for perusal of the PAP.
Once the PAPs put their signature on CSR and PER, formal acceptance of the PAP is confirmed. Acceptance by the PAP leads to the conclusion that the couple has accepted the proposed child to adopt and offer him/her a loving and caring family. The PAPs are advised to see the child physically before they give their acceptance.
SAAs are required to help PAPs for availing birth certificates from competent authorities
SARA can intervene in any particular situation including in matters related to referral and placement decision and its decision shall be final in all cases of domestic adoption.
6.4.5 Stage V (Legal Procedure)
Once a successful matching has been done, the agency will file a petition in the appropriate Court for obtaining the necessary orders under the relevant Act. Pending court order, the PAPs may be allowed by the SAA to keep the child in pre-adoption foster care after signing a foster care affidavit. The adoption petition may contain all requisite documents as prescribed in Annexure-G.
The child can be legally placed with the parent(s) under JJ-Act or HAMA. The prospective parents should be informed about the two different Acts available and the ramifications of each one. It would be left to them to decide as to which Act they would like to file their petition. SAA shall forward a copy of the adoption order to CWC & SARA. In case of Inter-country adoption, a copy of the order must be sent to CARA.
6.4.6 Stage VI (Follow up visits and post-adoption services)
Once an order has been issued, it should be followed by regular follow-up visits and post adoption counseling by the social worker till the child is adjusted in the new environment. The follow up should preferably be for a period of one year at-least or as directed by the Court.
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