Disclaimer: IAIC-CHILD does not warranty or guarantee the information provided on the FAQ page. I am not a legal professional, social worker or any kind of adoption professional. IAIC-CHILD encorages the use of adoption and legal professionals and govenment agencies to verify facts.
1. Before getting started with an Indian Adoption, what are some important issues to
discuss and research?
These are just a few of the many issues and questions that people have asked themselves.
How much importance is put on the health of the child and the medical information known and
provided? Is there a specific orphanage or region in India that you want to work with.? How
important is the timeframe or cost of the adoption (just two examples)? What is important to you
with regards to the child and identification process (age, gender, skin tone etc)? What level of
support do you want from within your country of residence? Level of support within India? Can
you make initial contact with the Indian agency and what will that level of communication be?
2. Does the India give priority to certain applicants?
The government of India, through CARA (Central Adoption Resource Agency), lists the following
order for placement of Indian children. "As per the Revised Guidelines, the order of preference for
adoption of Indian children is 1) Indian Family in India; 2) Indian Family abroad; 3) One parent of
Indian origin abroad; 4) Totally foreign."
3. With regards to an US agency-facilitated adoption, what would a sample time-line be?
Applicants complete a home study. At same time as home study is being done, your dossier can be
compiled. While waiting for the home study to be complete, you may file an "Advanced Visa
Petition" (form I-600A) with the INS. Once a home study and dossier are complete, an agency will
most likely add your name to a list of families waiting for a referral. Once a referral is given and
accepted, acceptance (sometimes known as legal papers) are completed. Next an NOC certificate
must be obtained from CARA in India. Once a NOC is obtained, your adoption case enters the
Indian Courts. Once Guardianship is issued or a Hindu Adoption is finished, the child's Indian
passport is applied for. The I-600 can now be processed state-side or in India.
4. What are some advantages of an agency-facilitated adoption?
There are different levels of service from different agencies. Some of the advantages, in no
order of importance: assistance the the home study and dossier process; assistance with state
and regional requirements; in the US, assistance with the INS and ICPC steps; referrals to local
resources; support during the referral process and during the wait; coordination of paperwork
(sending and receiving of documents to and from India); travel preparation and support; post-
placement services and finalization in the US.
5. What are some advantages of an independent adoption?
For many people, there is more control over your process. Many Indians who were raised in
India and/or can still navigate their way in India may be more comfortable with an independent
adoption. There is more individual communication (an absense of a third party) with the Indian
agencies and parties involved. You do not have to depend on another agency's ability and
cultural insight (or lack of it in some cases). The cost is sometimes lower.
6. Is the speed of the process consistent?
No, the speed of the process is completely different for each individual family. Timing can
depend on how long it takes to complete pre-adoption requirements (i.e., home study); to
compile a dossier; time it takes to receive a referral, time it takes CARA to issue a NOC;
and the time it takes a case to go through the Indian court system.
7. How are the children referred or matched?
The majority of children in Indian agencies are matched or referred to the prospective adoptive
parents, based on what is written in a home study. At one time, child selection was allowed,
but IAIC-CHILD does not guarantee that it is still allowed. Please check with individual agencies
for current guidelines.
8. What is a dossier?
A dossier is a compilation of documents used to verify your qualifications and identity with
regards to adoption. An example of some documents in a dossier: certified copies of vital
records, financial documents, physician's letters, letters of reference, property statements,
employment letters, etc.
9. What is CARA?
"CARA" stands for Central Adoption Resource Agency. It is an autonomous body under the
Ministry of Social Justice and Empowerment. Per CARA's website, "Its objective is to help both
Indian and foreign agencies involved in inter-country adoption of Indian children to function
within a prescribed framework so that such children are adopted legally through recognized
agencies and no exploitation takes place." For more information on CARA, please visit their
official website. http://www.cara.nic.in.
10. What is NOC?
The NOC stands for the "Non Objective Certificate," which is issued by CARA after receiving an
adoptive family's dossier. Once it is issued, it is sent to the agency in India. This step leads the way
for the court process.
11. Within the Indian Courts, what is a Hindu adoption?
The Hindu Adoptions and Maintenance Act, 1956 (HAMA) allows for married couples, where the
husband is Hindu, to finalize the adoption within the Indian courts. Single Hindu women can also
avail of this. Please refer to the actual law for more specifics. Should the child be brought to the
US to reside, it is recommended by adoptin and legal professioals, that the child also be adopted
in a US court.
12. Within the Indian Courts what is meant by "guardianship?"
Under Indian law there are no provisions for foreigners to adopt Indian children. However, under
the Guardianship and Wards Act of 1890, foreigners may petition the Indian Courts for legal custody
of a child that is going to be taken abroad fro adoption. Please refer to the Guardianship and Wards
Act of 1890 for more information.
13. Do the adoptive parents need to be US citizens to bring a foreign-born adopted child into the US?
What are the requirements for other countries?
According to the INS, a married US citizen and spouse or an unmarried US citizen may file an I-600
(permission to classify an orphan as an immediate relative). Please visit the INS website for further
information and instructions on filing the I-600A and I-600. With regards to other countries, please
refer to individual countries for their specific requirements on inter-country adoptions.
14. What is the process like for residents of India?
According to other members of IAIC-CHILD, a sample time-line of the process in India may go as
follows. Find the right agency and/or childcare facility. Go through steps to be eligible to adopt
(similar to a home study process in the US). Provide official documents (i.e., vital certificates etc).
Once a child is referred, you may take the child into foster care until your case goes through the
Indian courts. Fees are calculated according to the parents' earnings. An IAIC-CHILD member
posted this link for more information: http://www.sxpress.com/~sofosh/ (under "Procedures,"
they have a page which sumarizes the procedure for residents of India).
15. Is foster care allowed while going through the process?
Yes, foster care is allowed by some agencies and childcare centers in India. This means you are
allowed to take the child into your custody in India, as you wait for yoru case to go through the
court system. Please check with indvidual agencies for specific facts.
16. Is there a list of recommended physicians in New Delhi for the immigrant visa processing?
The following US Embassy link provides a detailed list of physcians in New Delhi.
http://usembassy.state.gov/posts/in1/wwwhivmed.html
17. What documents are necessary for filing the I-600 in India?
Parents have a choice to file the I-600 in New Delhi or it can be filed state-side prior to traveling.
These documents are needed: the original court order; the original birth certificate or affidavit;
affidavit of abandonment and reinquishment (sometimes combined with the birth affidavit); I-600
approval if filed in the US (you must verify that the approval cable was forwarded to appropriate
consulate or embassy prior to travel); if filing the I-600 in India, you will need the original I-600A
approval notification (known as form I-171h). It is recommended that you carry certified copies of
vital records with you. The INS requires that residents of certain states also provide proof of
meeting state pre-adoption requirements. Please check with your social worker to determine this
status within your state.
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