Chapter VI

ROLE OF ENLISTED FOREIGN AGENCIES FOR ADOPTION

Foreign Agencies to Apply to India's Diplomatic Missions

6. 1 A foreign social/child welfare agency desirous of sponsoring applications of foreign adoptive parents for adopting an Indian child shall make an application for enlistment with CARA in the office of India's Diplomatic Mission in that country and only such foreign agencies enlisted for this purpose by CARA shall undertake this activity.

Criteria for Enlistment of Foreign Agencies

6.2 The criteria for enlistment of foreign agencies by CARA for the purpose of inter-country adoption are as under:-

(i) It shall be either a part of the Government of the country or a duly registered voluntary agency registered under the, relevant law of the concerned country and should be recognized by the appropriate authority of that country.

(ii) It shall be a child welfare agency having an established standing in this field and it must be staffed with qualified social workers who have experience in the filed of adoption.

(iii) The agency in question shall be run on non-commercial and non-profitable basis. The foreign agency should be asked to submit a report and audited statement of accounts of their operations in India.

(iv) An undertaking by the enlisted foreign agency that in case of disruption of the foreigner's family before adoption is effected or in case the child is not properly looked after or is mal-treated or abused in the adoptive family, it will take care of the child under intimation to the Indian Diplomatic Mission, the Central Adoption Resource Agency, Ministry of Welfare and the concerned Indian recognized placement agency and try to find suitable alternative placement for the child with the concurrence of the recognized placement agency which processed the case and report such alternative placement to the Indian Court which made the order for guardianship and also to CARA.

(v) The Head/Chief Executive of the Organization should be willing to sign a written undertaking to follow the guidelines laid down by the CARA for observance by the enlisted foreign agencies. The enlisted foreign agencies should send to CARA a list of the Indian agencies with whom they have contacts and working relations or with whom they prepare to have working relations or with whom they prepare to have working relationship.

Procedure for Enlistment

6.3 (i) A foreign social/child welfare agency desirous of sponsoring applications of foreign adoptive parents for adopting Indian children shall apply for enlistment by CARA, through the office of India's Diplomatic Mission and the Government of the country where it is located.

(ii) On the recommendation of India's Diplomatic Mission in the country concerned, CARA shall examine the application and consider the agency concerned for recognition provided it fulfils the criteria stated in paragraph 6.2 above.

Renewal of Enlistment

6.4 (i) A foreign agency engaged in inter-country adoption would be enlisted by CARA initially for a period of five years. Enlistment would be renewable for five years at a time in case of satisfactory performance subject to conditions laid down in these guidelines.

(ii) CARA will take the following factors into consideration while granting renewal of enlistment provided an application for renewal is received through the proper channel at least six months before the expiry of the previous recognition.

(a) Whether the agency is still recognized by the appropriate authority of the country in which it is based.

(b) Whether the agency has been regular in the submission of progress reports of the children placed by them in adoption.

(c) Whether the general performance of the agency is satisfactory and whether the children placed by them are making satisfactory progress.

(d) Whether Government of India's Diplomatic Mission in the country concerned has recommended the case for renewal.

Renewal of enlistment may, however, be denied at the discretion of CARA for valid or legitimate reasons but CARA shall not be bound to disclose such reasons.

De-enlistment

6.5 The Central Adoption Resource Agency, Ministry of Welfare, Government of India, may at any time de-enlist any enlisted foreign agency for adoption for valid or legitimate reasons shall not be bound to disclose the same. However, if at the time of de-enlistment there is any case under process that would be allowed to be completed.

6.6 When the Court makes an order appointing adoptive parents as the guardians of the child, the order shall contain an undertaking of the adoptive parents that they shall protect and safeguard the best interest of the child and that the child would be legally adopted in the receiving State not later than two years from the date of the order and that on such adoption in the receiving State, subject to the laws of the country the child would have all rights of a natural born child.

Rights of the Child Taken Abroad

6.7 On adoption of the child by the foreign parent according to the law of his/her country, it is presumed that subject to the laws of the land the child would acquire the same status as a natural born child within wedlock with the same rights of inheritance and succession and the same nationality as the foreign parent adopting the child.

6.8 Where the child is not legally adopted by the adoptive parents in the receiving State within two years from the date of order of the Court in India appointing the adoptive parents as guardians either on account of disruption in the family or on account of the adoptive parents failing to get adjusted to the behavior of the child or otherwise, the foreign agency which has processed the adoption of the child in the receiving State should immediately withdraw the child from the adoptive parents and keep the child in its custody and care and find out new adoptive parents for placement of the child in adoption as soon as possible. The foreign agency shall give an undertaking to this effect to the Court processing the case -in India.

6.9 All enlisted foreign agencies shall send a copy of their annual report to CARA every year.

6. 10 The foreign agency shall with reference to every child placed by it send follow-up reports through India's Diplomatic Mission abroad with photographs of the child on a quarterly basis for the first two years and on a half-yearly basis for the next three years to CARA and to the Court that awarded the guardianship in India and to the Indian placement agency concerned. The foreign enlisted agency shall send a photo album of the children alongwith their adoptive parents to CARA once in a year.

6. 11 The enlisted foreign agency will forward a copy of the legal adoption order of the appropriate authority in that country as soon as it is made to the Central Adoption Resource Agency, the Court which awarded the guardianship and to the Indian agency concerned.

6.12 Even after the adoption is legalized, the enlisted foreign agency should maintain contact with the adoptive family in keeping with the need of privacy of the adoptive family and provide support and counseling services, if necessary and safeguard the interest of the child till such time as he/she attains majority.

6.13 The enlisted foreign agency should help the Indian Diplomatic Mission in its country to arrange get-togethers of adopted children of Indian original and their adoptive families for exposing them to the culture of India. These get-togethers may be organized at the time of national occasions like 15th August, 14th November, 2nd October and 26th January etc. CARA may on some occasions participate in these get-togethers in order to know the feedback on progress of the adopted child.

6.14 The enlisted foreign agencies cannot employ their representatives in India for any kind of activities relating to intercountry adoption.