Use our app for the best experience
Available for Android & iOS
ADOPTION REGULATIONS, 2022
MINISTRY OF WOMEN AND CHILD DEVELOPMENT
New Delhi, the 23rd September, 2022
G.S.R. 726(E).-In exercise of the powers conferred under clause (c) of section 68 read with clause (3) of section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016) and in supersession of the Adoption Regulations, 2017, except as respects things done or omitted to be done before such supersession, the Central Government hereby notifies the following Adoption Regulations as framed by the Central Adoption Resource Authority.
(1) These regulations may be called the Adoption Regulations, 2022.
(2) They shall come into force on the date of their publication in the Official Gazette.
In these regulations, unless the context otherwise requires,-
(1) "Act" means the Juvenile Justice (Care and Protection of Children) 2015 (2 of 2016) Act;
(2) "Adoption Committee" means the Committee comprising of the authorised office-bearer of the Specialised Adoption Agency concerned, its visiting doctor or a medical officer from a Government hospital and one official from the District Child Protection Unit and shall also include a representative of the Child Care Institution, in case the adoption is from a Child Care Institution other than the Specialised Adoption Agency and the committee shall be chaired by District Child Protection Officer;
(3) "Adoption fee" means the fee as specified by the Authority to be received from the prospective adoptive parents directly, in case they are living in India and through Authorised Foreign Adoption Agency or Central Authority or the Government department, as
The following fundamental principles shall govern adoptions of children from India, namely:-
(a) the child's best interests shall be of paramount consideration, while processing any adoption placement;
(b) preference shall be given to place the child in adoption with Indian citizens with due regard to the principle of placement of the child in their own socio-cultural environment, as far as possible;
(c) all applications for adoptions shall be registered on the Designated Portal and confidentiality of the same shall be maintained by the Authority.
The following shall be eligible for adoption, namely:-
(a) any orphan or abandoned or surrendered child, declared legally free for adoption by the Child Welfare Committee;
(b) a child of a relative defined under clause (52) of section 2;
(c) child or children of spouse from earlier marriage, surrendered by the biological parents for adoption by the step-parent.
(1)The prospective adoptive parents shall be physically, mentally, emotionally and financially capable, they shall not have any life threatening medical condition and they should not have been convicted in criminal act of any nature or accused in any case of child rights violation.
(2) Any prospective adoptive parent, irrespective of their marital status and whether or not they have biological son or daughter, can adopt a child subject to the following, namely:-
(b) a single female can adopt a child of any gender;
(c) a single male shall not be eligible to adopt a girl child.
(3) No child shall be given in adoption to a couple unle
(1) The provisions relating to the process of declaring an orphan or abandoned child, as legally free for adoption are laid down in sections 31, 32, 36, clauses (a) to (c) and clause (h) of sub-section (1) of section 37, section 38 and section 40 of the Act, as well as under the relevant provisions of the rules made thereunder.
(2) An orphan or abandoned child received by a Child Care Institution, including a Specialised Adoption Agency, directly without the involvement of Child Welfare Committee, shall be produced before the Child Welfare Committee within twenty-four hours (excluding the journey time) along with a report as per the format given in Form 17 of the rules and a copy of such report shall be submitted by the Child Care Institution or the Specialised Adoption Agency, as the case may be, to the local police station within the same period.
(3) If a child is under treatment or not in a condition to be produced befor
(1) A parent or guardian wishing to surrender a child under sub-section (1) of section 35 of the Act, shall apply to the Child Welfare Committee as provided in the Form 23 of the rule.
(2) For parents or guardians who are unable to give an application, due to illiteracy or any other reason, the Child Welfare Committee shall facilitate the same through the legal aid counsel provided by the Legal Services Authority.
(3) The Deed of Surrender shall be executed on the day of production of the child as provided in the Schedule V.
(4) If a female biological parent including an unwed mother is willing to surrender the child through the procedure laid down under section 35 of the Act, then the Deed of Surrender may be executed in the presence of any one female member of the Child Welfare Committee as envisaged under section 35 of the Act.
(5) If a child born to a married couple is to be s
(1) As soon as a child is declared legally free for adoption by the Child Welfare Committee, such child shall be allowed to be given in adoption to prospective adoptive parents who is a resident Indian or non-resident Indian or a Overseas Citizen of India Cardholder.
(b) a normal child above the age of five years or siblings shall be referred to resident Indian or non-resident Indian or Overseas Citizen of India Card holder prospective adoptive parents for thirty days;
(c) categories of children mentioned in clause (a) and (b) above who have not been placed in adoption in the prescribed time limit shall be made available to resident Indian or nonresident Indian or Overseas Citizen of India Card holder prospecti
Section 8 of the Adoption Regulations, 2022, pertains to the availability of children for adoption once they are declared legally free. It establishes procedural norms for ensuring that children eligible for adoption are accessible to prospective adoptive parents in a timely and transparent manner.
Section 8 mandates that as soon as a child is declared legally free for adoption by the Child Welfare Committee (CWC), such children must be made available for adoption. The section emphasizes the procedural steps to facilitate the child's availability, including the role of the CWC and the need for immediate action to connect children with adoptive families.
This section applies to all children declared legally free for adoption under the regulations, ensuring a standardized process across jurisdictions. It covers children who are orphaned, abandoned, or surrendered, and emphasizes swift procedural action to promote adoption.
While the specific section does not explicitly mention punitive measures, related provisions in the regulations and associated laws specify penalties for non-compliance or misuse. For instance:- Contravening provisions can attract imprisonment up to six months or fines, as per general penalties under the regulations [Source: Bench-book-for-Adoption].- Misuse of adoption fees or diversion of government grants can lead to imprisonment and fines [Source: मजिला और बाल जिकास मंत्रालय].
Note: The commentary synthesizes available sources and legal provisions related to Section 8, emphasizing the importance of procedural compliance, timely action, and safeguarding child rights within the framework of the Adoption Regulations, 2022.
(1)The resident Indian or non-resident Indian or Overseas Citizen of India Cardholder prospective adoptive parents shall be allowed choice of two states based on identity documents proof such as Aadhar Card or Passport or Voter card or Driving License or Birth Certificate or Overseas Citizen of India Card of either spouse, or otherwise they can choose a cluster of States as per their identification.
(2) All prospective adoptive parents shall be able to indicate whether they want to adopt a specific category of child having special needs and shall be able to reserve a child from the "Hard to Place Child" category.
(3) When resident Indian or non-resident Indian or Overseas Citizen of India Cardholder prospective adoptive parents do not reserve a child, out of three referrals, such parents shall be debarred for a period of one year, after which they shall be eligible for fresh registration and the foreign prospective adoptive
(1) The Indian prospective adoptive parents, if interested to adopt an orphan or abandoned or surrendered child, may apply for the same on the Designated Portal by filling up the online application form, as provided in the Schedule VI, and uploading the relevant documents within thirty days thereby registering themselves as prospective adoptive parents.
(2) The prospective adoptive parents shall be permitted two state choices or they may choose a cluster of states as per their identification.
(3) Registration on the Designated Portal shall be a deemed registration in all Specialised Adoption Agencies of the State or States they have opted for.
(4) The prospective adoptive parents shall get their registration number from the acknowledgement slip which may be used for viewing the progress of their application.
(5) The registration shall be completed and confirmed to the prospective
(1) The seniority of the prospective adoptive parents for child referral shall be from the date of completion of registration process on the Designated Portal.
(2) On the basis of seniority, the prospective adoptive parents shall be referred maximum three referral with one month interval in between two consecutive referrals subject to availability of children through the Designated Portal which shall include their photographs, Child Study Report and Medical Examination Report, in their preference category, if any, from one or more Specialised Adoption Agencies.
(3) After viewing the profile of the child or children on the Designated Portal, the prospective adoptive parents may reserve the child or children within a period of forty-eight hours for possible adoption and the unreserved child or children shall be released by the Designated Portal for other prospective adoptive parents in the waiting list.
(1) The child shall be taken in pre-adoption foster care by the prospective adoptive parents within ten days from the date of matching, after signing the preadoption foster care undertaking in the format provided in the Schedule VIII.
(2) The prospective adoptive parents shall provide original documents or notarised or self-attested copy of the original documents to the Specialised Adoption Agency as provided in the Schedule IX.
Section Reg. 12 of the Adoption Regulations, 2022, pertains to the procedures and guidelines related to pre-adoption foster care, which is a crucial phase in the child adoption process in India. It emphasizes the importance of fostering arrangements prior to formal adoption, ensuring the child's well-being and readiness for permanent placement.
Regulation 12 mandates that prospective adoptive parents may undertake pre-adoption foster care, and outlines the process for initiating and managing such care. It stipulates that the child can be placed in foster care for a specified period, during which assessments, counseling, and follow-up are to be conducted to facilitate a smooth transition to permanent adoption.
This section applies to all in-country and inter-country adoptions governed by the Adoption Regulations, 2022. It covers the process from initial fostering to the final adoption order, ensuring a standardized approach across different states and agencies. It also emphasizes the role of Child Welfare Committees and Specialized Adoption Agencies in overseeing foster care.
While specific punitive provisions directly linked to Section 12 are not detailed, violations of the adoption procedures, including unauthorized placement or breach of foster care protocols, may attract penalties such as imprisonment up to six months or fines, as indicated in related provisions of the Regulations and other legal sources [Bench-book-for-Adoption][Punishments Under Adoption Law].
Note: The analysis synthesizes available legal sources and related regulations, emphasizing the importance of procedural safeguards and child-centric practices in foster care as part of the adoption process.
(1) The Specialised Adoption Agency shall file an application with the District Magistrate of the district through District Child Protection Unit where the child is located, along with relevant documents as provided in the Schedule IX within ten days from the date of matching of the child with the prospective adoptive parents.
(2) The Specialised Adoption Agency shall file an application in the office of the District Magistrate through District Child Protection Unit in the given format as provided in the Schedule XXVIII.
(3) In case the child is from a Child Care Institution, which is not a Specialised Adoption Agency and is located in another district, the Specialised Adoption Agency shall file the application in the office of the District Magistrate in the district through District Child Protection Unit where the child is located and in such a case, the Child Care Institution shall be a co-applicant along with the Special
(1) The Specialised Adoption Agency which has prepared the Home Study Report, shall prepare the post-adoption follow-up report on six monthly basis for two years from the date of pre-adoption foster placement with the adoptive parents, in the format as provided in the Schedule XII and upload the same on the Designated Portal along with photographs of the child within ten days from the conduction of such report.
(2) In case the adoptive parents relocate, they shall inform the agency which has conducted their home study and the District Child Protection Unit of the district where they relocate.
(3) The District Child Protection Unit of the district of the current residence of the prospective adoptive parents shall prepare the post-adoption follow-up report and upload the same on the Designated Portal within ten days from the conduction of such report:
Provided that first follow-up report of the adopted c
Non-resident Indian and Overseas Citizen of India Cardholder prospective adoptive parents shall be treated at par with Indians living in India in terms of priority for adoption of orphan, abandoned or surrendered children.
(1) Any non-resident Indian, Overseas Citizen of India Cardholder or foreign prospective adoptive parents, living in a country which is a signatory to the Hague Adoption Convention and wishing to adopt an Indian child, can approach the Authorised Foreign Adoption Agency or the Central Authority concerned, as the case may be, for preparation of their Home Study Report and for their registration on the Designated Portal.
(2) In case, there is no Authorised Foreign Adoption Agency or Central Authority in their country of habitual residence, then the non-resident Indian or Overseas Citizen of India Cardholder prospective adoptive parents shall approach the Government department or Indian diplomatic mission concerned in that country for the purpose.
(3) The Authorised Foreign Adoption Agency or Central Authority or the Government department or the Indian diplomatic mission concerned, as the case may be, on ascertaining the eligi
(1)The Authority shall issue No Objection Certificate in favour of the proposed adoption in the format provided in the Schedule X, within ten days from the date of receipt of the acceptance of the child by the prospective adoptive parents and letter of approval or permission of the receiving country as per Article 5 and Article 17 of the Hague Adoption Convention, wherever applicable; and the No Objection Certificate shall be generated online through the Designated Portal.
(2) The prospective adoptive parents may take the child in pre-adoption foster care for a temporary period within India after issuance of No Objection Certificate by the Authority whilethe adoption order is pending, by furnishing an undertaking to the Specialised Adoption Agency in the format provided in the Schedule VIII.
(3) The prospective adoptive parents shall receive final custody of the child from the Specialised Adoption Agency as soon as the pass
(1) The legal procedure as provided in regulation 13 shall, mutatis mutandis be followed in cases of inter-country adoption under this Chapter.
(2) On receipt of the No Objection Certificate from the Authority, the Specialised Adoption Agency shall approach the District Child Protection Unit within five days with the adoption application and the District Child Protection Unit shall scrutinise the application for submission of the dossier to the District Magistrate within five days in the format provided in the Schedule XXIX:
Provided that the aforesaid timeline shall be reduced to three days at each stage once it is enabled through the online mode.
(3) In cases of the prospective adoptive parents habitually residing abroad desire the Specialised Adoption Agency to represent on their behalf, the application shall also be accompanied by a Power of Attorney in favour of the social worker or adoption in-ch
(1) The Authority shall issue a Conformity Certificate under Article 23 of the Hague Adoption Convention in the format provided in the Schedule XI within three days from the date of availability of the adoption order on the Designated Portal, in case the receiving country of the adopted child is a signatory to the Hague Adoption Convention.
(2) The Authority shall inform the immigration authorities and the foreign regional registration office about confirmation of the adoption.
(3) To obtain Indian passport for the adopted child, the Specialised Adoption Agency shall submit the application to the regional passport officer within three days from the date of receipt of the adoption order.
(4) The regional passport office shall issue passport for the adopted child within ten days from the date of receipt of application, in accordance with the circulars regarding issuance of passport to intercountry adopte
(1) The Authorised Foreign Adoption Agency or the Central Authority or Indian diplomatic mission or Government department concerned, as the case may be, shall report the progress of the adopted child for two years from the date of arrival of the adopted child in the receiving country, on a quarterly basis during the first year and on six monthly basis in the second year, by uploading information online on the Designated Portal along with photographs of the child as provided in the Schedule XII.
(2) On the basis of the progress report or in course of post-adoption home visits, if an adjustment problem of an adoptee with the adoptive parents comes to the notice of the Authorised Foreign Adoption Agency or Central Authority or the Government department concerned in the receiving country, necessary counselling shall be arranged for the adoptive parents and for the adoptee, wherever applicable.
(3) If it is found that the adopte
(1) An Overseas Citizen of India Cardholder or foreign national, who is a citizen of a country that has ratified the Hague Adoption Convention and is a habitual resident of India, shall apply for adoption online in prescribed format as provided in the Schedule VI along with the required documents specified therein including No Objection Certificate from their Embassy or High Commission for adoption by uploading on the Designated Portal.
(2) On receipt of the application, along with the required documents duly notarised, except those documents originating from India which may be self-attested, the Authority shall refer the case to a Specialised Adoption Agency or District Child Protection Unit for preparing the Home Study Report in the format provided in the Schedule VII and the Specialised Adoption Agency shall upload the Home Study Report on the Designated Portal.
(3) The prospective adoptive parents shall reserve one of t
(1) In all such cases, if the prospective adoptive parents are habitually residing in a foreign country have to approach the adoption authority of the receiving country for preparing the Home Study Report and for their online registration on the Designated Portal.
(2) In such cases, if the prospective adoptive parents are temporarily residing in India shall approach to embassy or high commission of the receiving country located in India for allowing them to go ahead with their adoption process and on receiving such information shall register on the Designated Portal.
(3) If one of the prospective adoptive parents is a foreigner and other is an Overseas Citizen of India Cardholder or Indian, such case shall be treated at par with Indians living in India for considering priority in adoption placement.
(4) The adoption procedure can be carried out in accordance with regulation 21 of the Adoption Regulatio
(1) Necessary formalities for adoption of a child from a foreign country by Indian citizens shall initially be completed in that country as per their law and procedure.
(2) On receiving Home Study Report of the prospective adoptive parents (including supporting documents), Child Study Report and Medical Examination Report of the child, the Authority shall issue the approval, as required in the cases of adoption of children coming to India as a receiving country under Article 5 or Article 17 of the Hague Adoption Convention.
(3) A child adopted abroad by the Indian citizens, having a foreign passport, and requiring the Indian visa to come to India, shall apply for visa or Overseas Citizen of India Card to the Indian mission in the country concerned, who may issue entry visa to the child after checking all the relevant documents so as to ensure that the adoption has been done following the due procedure.
.-(1) Any Child Care Institution, intending to be recognised as Specialised Adoption Agency to place children in in-country and inter-country adoption, shall submit an application on the Designated Portal as provided in the Schedule XXVI, along with the following documents to the State Government concerned, namely:-
(b) a copy of its Memorandum of Association, rules, regulations and bye-laws;
(c) a copy of the registration certificate as Child Care Institution under the act;
(d) a list of management committee or executive committee or board members showing that the majority of the members of such committee or board are Indian citizens;
(e) annual reports incl
.-(1) The State Government shall take into consideration the following factors before renewal of recognition of a Specialised Adoption Agency, namely:-
(b) whether it has regularly updated data on the Designated Portal and meeting the timelines specified for Specialised Adoption Agency in these Regulations;
(c) whether it has followed the provisions of these regulations as also instructions issued by the State Government, State Adoption Resource Agency and the Authority in handling matters related to adoption;
(d) whether it indulged in any malpractice;
(e) whether it made proper utilisation of the adoption fee as provided in the Schedule XV
(f) whether it maintains the standards of child care as provided in the Schedule XIII.
(1) The State Government, shall act upon, suo-motu or on the recommendation of State Adoption Resource Agency or the Authority, either suspend or revoke the recognition granted to a Specialised Adoption Agency on any of the grounds specified in the sub-regulation (2).
(2) The recognition of a Specialised Adoption Agency may be suspended on any one or more of the following grounds, namely :-
(b) furnishing false information or forged documents to State Adoption Resource Agency or the State Government or the Authority or on the Designated Portal;
(c) incomplete or false information to prospective adoptive parents, Child Welfare Committee or District Child Protection Unit about the child or any adoption related process;
(d) failu
(1)The State Government concerned shall inspect the Child Care Institution before considering its recognition or renewal as a Specialised Adoption Agency as provided in the Form 46 A of rules.
(2) The State Government or State Adoption Resource Agency concerned shall conduct annual inspections of Specialised Adoption Agencies to ensure that they are performing efficiently and as per norms laid down in the Form 46 of rules.
A Specialised Adoption Agency is entitled to receive grants-in-aid under other Government notified schemes, subject to the fulfillment of terms and conditions under such scheme.
(1)The Specialised Adoption Agency shall utilise funds received as adoption fee in accordance with norms as provided in the Schedule XV or as may be prescribed by the Authority from time to time.
(2) The Specialised Adoption Agency shall maintain proper accounts including utilisation of adoption fee and Government grant under other Government notified schemes to be audited by a chartered accountant every year.
(3) An attested copy of the audited accounts of the organisation alongwith its audit report, a copy of the annual report and report in accordance with the provisions of the Foreign Contribution (Regulation) Act, 1976 (49 of 1976) shall be furnished within six months from the date of closing of the financial year to State Adoption Resource Agency or the State Government concerned.
The Specialised Adoption Agency shall perform the following functions, in addition to those assigned to them under these regulations, to facilitate placement of orphan, abandoned and surrendered children in adoption, namely:-
(1) Function towards children: Every Specialised Adoption Agency shall:-
(b) report all cases of admissions, restorations, transfers, death and adoption of children, as well as about children missing from the institution, if any to the Child Welfare Committee, District Child Protection Unit, State Adoption Resource Age
The Authorised Foreign Adoption Agency shall perform the following functions, namely:-
(b) upload attested copies of the adoption application of the prospective adoptive parents on the Designated Portal and forward the original of the same to the allotted Specialised Adoption Agency;
(c) follow-up with Specialised Adoption Agency for ensuring early adoption after receipt of No Objection Certificate for the adoption from the Authority;
(d) give orientation to the prospective adoptive parents on culture, language and food of the place to which the adopted child belongs;
(e) ensure the submission of post-adoption follow-up of the progress of adopted children and to address the cases of disruption and dissolution, as spe
(1) A foreign adoption agency desirous of seeking authorisation for sponsoring applications of foreign adoptive parents for adopting an Indian child shall make an application to the Authority along with the recommendation of the Central Authority or Government department concerned of that country, through the Indian diplomatic mission.
(2) The authorisation to foreign adoption agency may be given by the Central Authority for a maximum period of five years and the documents required to be attached with the application shall be as under:-
(b) an undertaking signed by the head or ch
(1)The grounds of suspension or revocation of the authorisation of an Authorised Foreign Adoption Agency shall be as follows:-
(b) if the license or recognition or accreditation of the foreign adoption agency is suspended or revoked by the appropriate Authority of that country;
(c) if the foreign adoption agency fails to upload adoption applications or the post-adoption follow-up reports on the Designated Portal from time to time.
(2) No order for suspension or revocation shall be made unless the Agency has been provided an opportunity of hearing in the matter.
(1) The State Government shall at regular intervals review the adoption cases pending with the District Magistrate and guide and assist them for timely disposal of adoption cases.
(2) The State Government shall recognise Specialised Adoption Agencies and carry out such other functions as provided in the Act and rules.
(3) The State Government shall take appropriate action on the receipt of a complaint or suo-moto, in the cases of violation of the provisions under the section 32, sub-sections (1) and (5) of section 41, sub-section (4) of section 65, section 80 and section 81.
(1) The structure of the State Adoption Resource Agency shall be as under:-
(b) The State Government shall set up a Governing Body of the State Adoption Resource Agency which shall be chaired by Principal Secretary or Secretary of the department of the State Government dealing with adoption matters and the Director of the department shall function as its Chief Executive Officer and Member-Secretary.
(c) The State Adoption Resource Agency shall engage a nodal officer at the level of Deputy Director and such other staff as required under the Child Protection Scheme to strengthen its functioning who shall be assisting the Member Secretary in arranging Governing Body meetings and taking up
(1)All the cases pertaining to adoption matters pending before the court shall stand transferred to the District Magistrate from the date of notification of these regulations as provided in rule 45.
(2) In cases of fresh applications, it shall issue adoption order within a period of two months from the date of filing of the application, as provided under sub-section (2) of section 61 of the Act and as per format given in the Schedule XXXIII.
(3) The District Magistrate shall have following executive functions namely:-
(b) make necessary arrangements for hearing of the cases after due scrutiny of the documents by the concerned District Child Protection Unit;
(c) maintain confidential
The Chief Medical Officer of the district shall facilitate the treatment of the children having special needs housed in Specialised Adoption Agency or Child Care Institution through the existing Central Government or State Government schemes and shall declare the health status of the child as normal or having special needs as provided in the Schedule XVIII and Schedule III(Part-E) within a period of fifteen days and also encourage treatment of such children under various schemes of the Government.
In addition to the functions as envisaged in the Act and rules made thereunder, as well as under other Government notified schemes, the District Child Protection Unit shall.-
(1) identify orphan, abandoned and surrendered children in the district and get them declared legally free for adoption by Child Welfare Committee with the help of Specialised Adoption Agency or Child Care Institution, wherever required;
(2) ensure that the Child Study Report and Medical Examination Report are uploaded on the Designated Portal by the Specialised Adoption Agency within ten days from the date a child is declared legally free for adoption;
(3) facilitate the linkage of Child Care Institution with Specialised Adoption Agency in the same or other districts to facilitate adoption;
(4) track the progress of adoption of each child declared legally free for adoption and take necessary actions for expe
The Child Welfare Committee shall take actions as provided in regulations 6 and 7 and as provided in rule 18 and 19 of the rules.
Explanation: Further for removal of doubt, it is hereby clarified that, in cases where a child is willingly surrendered by the biological mother, the child being born out of non-consensual sexual relations or where cases have been registered under the Protection of Children from Sexual Offences Act or Indian Penal Code, the Child Welfare Committee is obliged to issue an order clearing the child legally free for adoption within the stipulated period within which the Dioxyribo Nucleic Acid (DNA) sample collection should be completed to avoid undue harassment to the families who adopt the children in such cases.
The local Registrar notified under the Registration of Births and Deaths Act, 1969 (18 of 1969) shall issue birth certificate within five days in favour of an adopted child on an application filed by the Specialised Adoption Agency or adoptive parents, incorporating the names of the adoptive parents as parents and the date of birth of the child as mentioned in the adoption order issued by the District Magistrate, in accordance with circulars issued from time to time by the Registrar General of India:
Provided that no physical presence of the adoptive parents shall be required for issue of such certificate.
The Authority shall:-
(1) promote in-country adoptions, facilitate inter-state adoptions in co-ordination with State Adoption Resource Agency and regulate inter-country adoptions;
(2) receive applications of an non-resident Indian or Overseas Citizen of India Cardholder or a foreigner living abroad through Authorised Foreign Adoption Agency or Central Authority or the Government department or the Indian diplomatic mission concerned and process the same under sub-section (5) of section 59;
(3) receive and process applications from a foreigner or an Overseas Citizen of India Cardholder residing in India for one year or more, and who is interested in adopting a child from India in terms of sub-section (12) of section 59;
(4) intimate the immigration authorities of India and the receiving country of the child about the inter-country adoption cases;
(5) provide su
(1) The regional passport office shall issue passport for the adopted child within ten days from the date of completion of all formalities including submission of requisite documents, as well as capture of photo, biometrics etc., in accordance with the circulars issued by the Ministry of External Affairs of the Central Government from time to time;
(2) The regional passport officer may issue a passport based on the Authority's No Objection Certificate, the adoption order issued by the District Magistrate mentioning the date of birth of the child, and the Conformity Certificate (in the case of Hague Adoption Convention ratified countries);
(3) The presence of both adoptive parents shall be desirable at the time of submission of passport application and requisite documents. However, if only one adoptive parent could be present, 'Annexure 'D' of passport manual duly filled and signed be presented at the time of submission of d
Indian diplomatic missions abroad shall have the following role in inter-country adoption of Indian children, namely:-
(1) liaise, coordinate and facilitate in the matter of inter-country adoption of Non- resident Indian and Overseas Citizen of India Cardholders with the help of the Authorised Foreign Adoption Agencies, Central Authorities, concerned foreign Government departments and social workers authorised by them wherever required;
(2) recommend proposals seeking for authorisation of foreign adoption agencies and social workers in consultation with Central Authority or Government department concerned for the purpose of sponsoring applications for adoption of Indian children;
(3) issue visa on the basis of supporting documents to foreign prospective adoptive parents who wish to see a child in person at a Specialised Adoption Agency in India, before accepting them for adoption, after their adoption
(1) The resident Indian or non-resident Indian or Overseas Citizen of India Cardholder prospective adoptive parents based on states specific and cluster specific choice shall be referred children on the basis of seniority which shall be from the date of registration and other criteria as stipulated under these regulations while the foreign prospective adoptive parents shall be provided referrals on the basis of 'anywhere in India'.
(2) In case prospective adoptive parents residing in India are not willing to take the referred child for any reason, the child shall be automatically referred to the next waiting prospective adoptive parents in the waiting list after expiry of forty eight hours of the reservation period.
(3) In case prospective adoptive parents residing abroad are not willing to take the referred child for any reason, the child shall be automatically referred to the next waiting prospective adoptive parents in t
(1)In a situation where one of the Indian parents is residing in India and the spouse is working in a country which is not signatory to the Hague Adoption Convention on temporary work permit, the parents have to decide the place where they have to conduct their home study and for such purpose, they have to be together, either within the country or abroad.
(2) In case the non-resident Indian and the Overseas Citizen of India Cardholder prospective adoptive parents desire to initiate the process in a country which is not a signatory to the Hague Adoption Convention, the Indian Mission shall arrange to conduct the home study of such parents and facilitate adoption process including uploading of Home Study Report and post - adoption follow-up report on the Designated Portal through the authorised social workers.
(3) For adoption by prospective adoptive parents residing in a country which is not signatory to the Hague Convention
All agencies and authorities involved in the adoption process shall adhere to the timeline as specified in the Schedule XIV.
(1)If the biological parents, at the time of surrender of the child, have specifically requested anonymity, then the consent in writing of the biological parents shall be taken by the Specialised Adoption Agency or the District Child Protection Unit, as the case may be, before divulging information.
(2) In cases of root search by older adoptees, the agencies or authorities concerned that is Authorised Foreign Adoption Agency, Central Authority, Indian diplomatic mission, Authority, State Adoption Resource Agency or District Child Protection Unit or Specialised Adoption Agency, whenever contacted by any adoptee, shall facilitate their root search.
(3) Persons above eighteen years can apply independently online while children below eighteen years shall apply jointly with their adoptive parents to the Authority seeking facilitation of root search.
(4) In case of denial by the biological parents or non-tra
All agencies or authorities involved in the adoption process shall ensure that confidentiality of adoption records is maintained, except as permitted under any other law for the time being in force and for such purpose, the adoption order may not be displayed on any public portal.
(1)The prospective adoptive parents shall bear the expenses for adoption and the Specialised Adoption Agencies shall adhere to the adoption fees and their utilisation pattern as provided in the Schedule XV which shall be revised by the Authority from time to time.
(2) The Specialised Adoption Agency or the linked Child Care Institution may receive adoption fee from the prospective adoptive parents and utilise the funds in accordance with norms prescribed by the Authority from time to time.
(3) The Specialised Adoption Agency is not permitted to accept any donation in cash or kind, directly or indirectly, from the prospective adoptive parents for adoption of a child.
Specialised Adoption Agency shall update data on the Designated Portal as per stipulated timeline provided in the Schedule XIV.
(1)The adoption process for children with special needs shall be completed as expeditiously as possible by the agencies or authorities concerned, who shall be available for adoption by resident Indians, non-resident Indians and Overseas Citizen of India Cardholder found eligible and suitable by way of Home Study Report from the date their profile is uploaded on the Designated Portal after the special needs children are declared legally free for adoption by the Child Welfare Committee:
Provided that such children with special needs shall be available for adoption by foreign adoptive parents, after fifteen days from the date they are declared legally free for adoption.
(2) All prospective adoptive parents shall be able to indicate whether they want to adopt a specific category of child having special needs.
(3) Special care shall be taken while processing the cases for adoption of children with special n
(1)Since it takes time for an older child to adjust with unrelated parents, it is important that the child and the prospective adoptive parents are made familiar to each other, before leaving the institution.
(2) Under the guidance of Specialised Adoption Agency or Authorised Foreign Adoption Agency, the prospective adoptive parents may have interactions with older children through video calls or by any other means, even before taking custody and the prospective adoptive parents may be encouraged to spend some quality time with the child before leaving the institution.
(3) The siblings and older children shall be deemed to be available for adoption by resident Indians, non-resident Indians and Overseas Citizens of India Cardholder prospective adoptive parents from the date their profile is uploaded on the Designated Portal after they are declared legally free for adoption by the Child Welfare Committee and they shall be ava
(1)The Authority with the approval of its Steering Committee, may make additional efforts for adoption of hard to place children, through foster care on the Designated Portal.
(2) The children who are not being adopted after being declared legally free for adoption may be eligible for foster care by suitable foster parents under rule 44 of the rules and the Schedule XVI of the Regulations.
(3) The hard to place children shall be eligible for foster care and list of such children along with other categories of children as stipulated in rule 44 of the rules shall be accessible to District Child Protection Unit and the State Adoption Resource Agency through the Designated Portal.
(4) The Authority shall provide links between the Specialised Adoption Agency and the Child Care Institution for the purpose of adoption of children who are in foster care in the manner it has established links for the purpose of
(1)The prospective adoptive parents shall register on the Designated Portal with the required documents as specified in the Schedule VI.
(2) Consent of biological parents or permission of the Child Welfare Committee, as the case may be, shall be required as provided in the Schedule XIX or Schedule XXII respectively.
(3) The consent of the child shall be obtained, if they are five years of age or above.
(4) Affidavit of adoptive parents is required in cases of in-country relative adoptions in support of their financial and social status as specified in the Schedule XXIV.
(5) The prospective adoptive parents shall receive due verification by the District Child Protection Unit.
(6) The State Adoption Resource Agency shall further refer the case to the Authority for necessary approval following which pre-approval certificate shall be issued by the State Adoption
(1)The couple (step-parent and one of the biological parents) shall register on the Designated Portal with the required documents as specified in the Schedule VI.
(2) Consent of the biological parents and the step-parent adopting the child or children shall be as provided in the Schedule XX.
(3) In case the custody of the child is under litigation, the adoption process shall be initiated only after the finalisation of the case by the court concerned.
(4) The step-parent or the couple shall receive due verification by the District Child Protection Unit.
(5) The State Adoption Resource Agency shall further refer the case to the Authority for necessary approval following which pre-approval certificate shall be issued by the State Adoption Resource Agency as provided in the Schedule XXV.
(6) If the prospective adoptive parents have a foreign passport, the case sh
(1)A non-resident Indian or an Overseas Citizen of India Card holder, interested to adopt a relative's child, may approach an Authorised Foreign Adoption Agency or the Central Authority in the country of residence for preparation of their Home Study Report and for online registration on the Designated Portal.
(2) In case there is no Authorised Foreign Adoption Agency or Central Authority in their country of residence, then the prospective adoptive parents interested to adopt a relative's child shall approach the Government department concerned or Indian diplomatic mission (in cases of Indian citizens and Overseas Citizen of India Cardholder) in that country.
(3) The Authorised Foreign Adoption Agency or Central Authority or the department concerned or the Indian diplomatic mission (in cases of Indian citizens), as the case may be, on completion of the Home Study Report, shall register the application of the prospective adop
(1)On receipt of Home Study Report along with relevant documents of prospective adoptive parents on the Designated Portal by Authorised Foreign Adoption Agency or Central Authority or Government department concerned or Indian Mission abroad, the Authority shall forward the same to State Adoption Resource Agency or District Child Protection Unit for obtaining family background report of the child proposed for adoption along with supportive documents, as provided in the Schedule XXI.
(2) The District Child Protection Unit shall get the family background report conducted by its social worker and for this purpose, it can charge a fee as stipulated in the norms prescribed by the Authority from time to time.
(3) District Child Protection Unit shall forward a copy of the family background report of the child and the biological family to the Authority through State Adoption Resource Agency concerned for onward submission to Authori
In case of all inter-country adoptions, the Authority shall issue No Objection Certificate in favour of the adoption of the child within ten days from the date of receipt of certificate issued under Article 5 or 17 of the Hague Adoption Convention from receiving country and a copy of the same shall be forwarded to the Authorised Foreign Adoption Agency or Central Authority concerned.
(1) The prospective adoptive parents, who intend to adopt the child of a relative as defined in clause (52) of section 2, shall file an application with the District Magistrate under sub-section (2)of section 56 or sub section (1) of section 60 of the Act in case of in-country relative adoption or inter-country relative adoption, respectively.
(2) The prospective adoptive parents shall file an application with the District Magistrate through the office of District Child Protection Unit.
(3) The prospective adoptive parents in case of in country relative adoption shall file the adoption application with the District Magistrate concerned as provided Schedule XXX, where the child habitually resides with biological parents or guardians along with all requisite documents as provided in the Schedule VI and Schedule IX.
(4) The prospective adoptive parents, in case of inter-country relative adoption, shall fi
The Authority shall issue a Conformity Certificate under Article 23 of the Hague Adoption Convention in the format provided in the Schedule XI within three days from the date of availability of the adoption order on the Designated Portal, in case the receiving country of the adopted child is a Hague Adoption Convention signatory.
(1)All Child Care Institutions registered under this Act, which may not have been recognised as Specialised Adoption Agencies, shall ensure that all orphan or abandoned or surrendered children under their care and protection are reported, produced and declared legally free for adoption, by the Child Welfare Committee as per the provisions of section 32, sub-section (2) of section 38 and sub section (1) of section 66 of the Act and the procedure laid down in these regulations.
(2) Such report shall include the name, gender, date of birth or age, photograph and health condition of the child, language spoken by the child (if any), address or source (wherever known) and the manner and circumstances in which the child was brought and admitted to the institution.
(3) The District Child Protection Unit concerned shall render all necessary assistance to the Child Care Institution concerned in getting an orphan, abandoned or surrend
(1) In case of in-country adoption, any prospective adoptive parents or child or any person on their behalf, aggrieved due to non-selection for adoption because of the opinion of Specialised Adoption Agency or issues related to eligibility of the prospective adoptive parents or of the child to be adopted or regarding the documentation relating to the prospective adoptive parents or the child, such as, Home Study Report or health status of the prospective adoptive parents, the Child Study Report and Medical Examination Report or any technical issue related to the Designated Portal may approach the State Adoption Resource Agency.
(2) The application referred to in sub-regulation (1) shall be made by the aggrieved party within seven days from the date of opinion or decision.
(3) The State Adoption Resource Agency shall take decision on the application within fifteen days from the date of receipt of the application.
(1) The power of relaxation and grant exception to any provision of these regulations in respect of a case or class of cases shall be vested with the Relaxation Committee of the Authority.
(2) Relaxation Committee of the Authority shall be chaired by the chairperson of Steering Committee of the Authority and two members consisting of its Chief Executive Officer and a member of Steering Committee having experience in law as members.
(3) No decision of the Relaxation Committee of the Authority shall ordinarily have the effect of altering the seniority of any prospective adoptive parents unless reasons are recorded in writing and the primary consideration being the best interests of the child.
(4) In case of any ambiguity in interpretation of any of the provisions of these regulations, the decision of the Authority shall prevail.
(b) all adoption cases pertaining to countries outside the Hague Adoption Convention.
The Central Adoption Resource Authority shall register applications for inter-country adoptions to be processed under the Hindu Adoptions and Maintenance Act, 1956 (78 of 1956).
The following procedure referred to in regulations 67, 68, 69, 70 and 71 is set forth as an adoption procedure for non-resident Indians or Overseas Citizen of India Card holder prospective adoptive parents who live outside the country and meet the requirements to adopt a child from India under the Hindu Adoption and Maintenance Act, 1956(78 of 1956).
Section 66 of the Adoption Regulations, 2022, deals with the procedures, eligibility, and legal framework governing the adoption of children residing within India and abroad, including inter-country and relative adoptions. It aims to streamline the adoption process, ensure the child's best interests, and align with international conventions such as the Hague Convention.
Section 66 prescribes the procedures for adoption under the Regulations, including the steps for registration, verification, issuance of No Objection Certificates (NOCs), and final custody transfer. It emphasizes the importance of compliance with statutory procedures, protection of the child's welfare, and the role of authorities like CARA and the District Magistrate.
Section 66 applies to:- Domestic in-country adoptions.- Inter-country adoptions, including those involving relatives or step-parents.- Adoption of children with special needs.- Adoption by Indian citizens residing abroad (NRIs, OCIs).- Ensures compliance with both national laws (JJ Act, HAMA) and international treaties (Hague Convention).
Violations of Section 66, such as illegal placements, non-compliance with procedures, or unauthorized transfers, attract penalties including:- Imprisonment for up to six months.- Fines as per the provisions of the JJ Act and related laws.- Penalties for misuse or diversion of adoption fees or breach of protocols.
(1) In the cases where the adoption deed has already been executed in pursuance of adoption under the Hindu Adoptions and Maintenance Act, 1956 (78 of 1956), before the commencement of the Adoption (Amendment) Regulations, 2021, the requisite documents supporting the facts of the adoption deed shall be duly verified and recommended by the District Magistrate in the format as provided in Schedule XXXV.
(2) On receipt of the verification of documents as per Schedule XXXV, the Central Adoption Resource Authority shall comply with the provisions of Articles 5 or 17 from the receiving country as provided in the Hague Adoption Convention.
(3) Upon receiving such certificate, the Central Adoption Resource Authority shall issue no objection certificate for Hague ratified countries and in cases of countries outside the Hague Convention on Protection of Children and Co-operation in respect of Inter-country Adoption, the Central Adopt
(1) In the cases initiated after 17th September, 2021, the following standard common procedure shall be applicable for all inter-country adoptions concluded under the Hindu Adoptions and Maintenance Act, 1956 (78 of 1956), by eligible non-resident Indians or Overseas Citizen of India Cardholders, who are to take a child in adoption from India.
(2) Any Hindu prospective adoptive parents habitually residing abroad and who wish to adopt an Indian Hindu child born to Indian Hindu Parents, residing in India, may contact an Authorised Foreign Adoption Agency or the Central Authority in case of Hague ratified countries and the Government department concerned in case of Non-Hague countries in their country of habitual residence, as the case may be.
(3) The Authorised Foreign Adoption Agency or the Central Authority or the Government department concerned in their country of habitual residence shall sponsor the application of eligibl
(1) The parties to an adoption concluded under the Hindu Adoptions and Maintenance Act, 1956 (78 of 1956) shall jointly present the deed of adoption to the Sub-Registrar's office in the district with copy to District Magistrate.
(2) Based on such copy of the deed, the District Magistrate shall conduct such inquiry, as he may deem fit, to satisfy that all the provisions of Hindu Adoptions and Maintenance Act, 1956 (78 of 1956), and the stipulations under the regulations have been followed and such inquiry shall be completed within a period of thirty days.
(3) In case the District Magistrate fails to complete the inquiry within thirty days, he shall be bound to give reasons along with verification certificate for failing to provide the inquiry report within thirty days and the parties may register the adoption deed with the Sub-Registrar concerned under the Registration Act, 1908 (16 of 1908), indicating the details of applic
(1) On receipt of verification certificate from the District Magistrate, on the registered adoption deed and necessary permission under Articles 5 or 17 from the receiving country as provided in the Hague Adoption Convention on Protection of Children and Co-operation in respect of Inter-country Adoption, the Central Adoption Resource Authority shall issue No Objection Certificate for Hague ratified countries under Article 17(c) and Conformity Certificate under Article 23 of the Convention.
(2) In the case of countries outside the Hague Adoption Convention, a support letter shall be issued by the Central Adoption Resource Authority.
In cases of disruption or dissolution, the rehabilitation of the child shall be followed as provided in the Hague Adoption Convention and as per child protection services available in the receiving country.
|
| SCHEDULES< Sch.I SCHEDULE
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
