Carings
 
Adoption Procedure
CHAPTER - III
ADOPTION PROCESS

 

 

17. Adoption authorities and agencies for In-country Adoption. -

The authorities or agencies involved in in-country adoption process shall be-

(a) The Court of Competent Jurisdiction who can pass Order for Adoption;

(b) Central Adoption Resource Authority (CARA);

(c) State Adoption Resource Agency (SARA) or Adoption Coordinating Agency (ACA) and

(d)Specialised Adoption Agency (SAA)


18. Registration. -

(1) PAP(s) desiring to adopt a child shall register himself or herself with only one Specialised Adoption Agency, preferably nearest to place of residence and such agency shall guide the PAP(s) on the registration process.

(2) On receipt of the application for registration as per Schedule-IV along with necessary documents and requisite registration fee, Specialised Adoption Agency shall register the PAP(s) for adoption and issue them a registration slip.

(3) CARA shall also provide facility to the PAP(s) for on-line provisional registration through its website (www.adoptionindia.nic.in).

(4) In case, the PAP(s) wish to adopt from a Specialised Adoption Agency, other than the one where they have registered, but within the same state, the PAP(s) shall approach the ACA or SARA with their registration slip.

(5) The ACA or SARA shall contact the Special Adoption Agency from which the PAP(s) wish to adopt so that such PAP(s) are immediately included in the waiting list of PAP(s) of that Specialised Adoption Agency.

(6) In case the PAP(s) desire to adopt a child from any State other than the State where they are currently residing, they may approach the ACA or SARA of the State where they are residing, with their registration slip.

(7) The ACA or SARA shall convey the registration of such PAP(s) immediately to the ACA or SARA of the State from which the PAP(s) want to adopt the child so that such PAP(s) are immediately transferred to the waiting list of PAP(s) in that state.


19. Pre-Adoption Counselling and Preparation of the PAP(s). -

(1) In order to facilitate the PAPs to take appropriate decision, the concerned Specialised Adoption Agency shall provide pre-adoption counselling to them.

(2) Such agency shall also prepare the PAP(s) for the adoption and related process by providing them with all relevant information.

20. Home Study and other requirements. -

(1) The documents mentioned at Schedule-V shall be furnished by the PAPs to the concerned Specialised Adoption Agency to facilitate conduct of home study.

(2) Home Study of the PAP(s) shall be conducted within a maximum period of two months from the date of acceptance of registration only by the professional social worker authorized by the Specialised Adoption Agency nearest to their current place of residence.

(3) The Home Study Report shall be based on procedures as laid down at Schedule-VI.

(4) The Home Study Report of PAP(s) shall be valid for adoptions from any where in the country for a period of two years.

(5) The Medical Examination Report of the PAP(s) should not be more than one year old at the time of referral of the child. 

21. Referral and Acceptance. -

(1) The Specialised Adoption Agency shall constitute an ‘Adoption Committee’ consisting its Secretary or Managing Trustee, a senior professional social worker, Visiting Medical Officer and one other functionary of the Agency for assignment of the child.

(2) The assignment of a child with PAP(s) shall be done by the ‘Adoption Committee’ only after the child has been declared legally free for adoption by the Child Welfare Committee and the PAP(s) have been found eligible by the Specialised Adoption Agency to adopt.

(3) The Specialised Adoption Agency shall make best efforts to assign a child as per required description given by the PAP(s), if any.

(4) After matching the child, the Specialised Adoption Agency shall advise PAP(s) to see the child physically before they give their acceptance.

(5) The PAP(s) shall be shown the matched child or children only at the premises of Specialised Adoption Agency and if the PAP(s), so desire, they may get the child medically examined by their own medical practitioner.

(6) The Child Study Report and Medical Examination Report of the matched child (or children in case of siblings) shall be forwarded by the Specialised Adoption Agency to the PAP(s) for acceptance and this may be called a “referral”.

(7) If the PAP(s) decide to adopt the proposed child, they shall give their formal acceptance for the adoption by signing on the Child Study Report and Medical Examination Report of the child within a period of ten days.

(8) In case the referred child is not acceptable to the PAP(s), a maximum of two other children shall be proposed to them at a given time.

(9) In case a matching does not take place, the PAPs shall be eligible for reconsideration only after a lapse of three months from the date on which the last child was shown to them.

(10) In case of placement of children of the age of seven years and above,  written consent of the child for the proposed placement shall be obtained and in case the child can not read and write, verbal consent can be taken in the presence of the ‘Adoption Committee’ who shall record the same and take the signature or thumb impression of the child on the recorded statement.

(11) The date on which the consent of the child is obtained shall be clearly indicated in the Statement.

22. Pre-adoption foster care. -

(1) A child can be placed in pre-adoption foster care after acceptance of referral by the PAPs.

(2) The PAPs shall be required to sign a foster care affidavit and undertaking before the child is placed in their temporary custody.

(3) Before physically entrusting the child to the prospective adoptive parents, the adoption agency shall ensure that it has a record of local contacts of the PAPs including contact details of two close relatives.

(4) During the period of foster care, the PAPs, shall have the right to take the child to any place within the country after duly informing the Specialised Adoption Agency subject to the condition that the child must be brought for the legal process as and when required by the Court.

23. Legal Procedure. -

(1) The child can be legally placed for adoption with the PAP(s) by the competent court and for this purpose, the court having jurisdiction over the area where the Specialised Adoption Agency is located shall be the competent court.

(2) The Specialised Adoption Agency shall file a petition in the Competent Court of jurisdiction for obtaining the necessary adoption orders under the Act within ten days of acceptance of referral by PAPs and shall pursue the same regularly with the court so that the process of legal adoption is completed at the earliest.

(3) The adoption petition shall contain all requisite documents as per Schedule-VII.

(4) In accordance with the directions of the Honourable Supreme Court of India in the case of L.K.Pandey vs Union of India (WP No 1171 of 1982), the competent Court is required to dispose off the case within a maximum period of two months from the date of filing.

 (5) For the best interest of the child, the competent court may, to the extent possible, dispose of the case in the first hearing itself.

(6) The Specialised Adoption Agency shall forward a copy of the court order and the adoption deed to the concerned SARA or ACA and the PAP(s).

24. Follow up visits and post-adoption services. -

(1) The Specialised Adoption Agency shall carry out half yearly follow-up visits of the child from the time the child has been placed in pre-adoption foster care till a period of two years after the legal adoption.

(2) The copies of the follow-up reports of the children shall be submitted by the Specialised Adoption Agency to SARA or ACA.

(3) In cases of disruption of adoption, the Specialised Adoption Agency shall make efforts for alternate rehabilitation of the child.

25. Timelines. -

All agencies and authorities involved in the adoption process shall adhere to the time limits stipulated for in-country adoption as provided in Schedule-VIII.

26. Procedure for Inter-country Adoption as per the Hague Convention on Inter-country Adoption, -

(1) The authorities and agencies involved in Inter-country adoption process shall be,

(a) Court of Competent Jurisdiction who can pass Order for Adoption;

(b) Central Adoption Resource Authority (CARA);

(c) Central Authority in the receiving Country (CA);

(d) Indian Diplomatic Missions Abroad;

(e) Foreign Diplomatic Missions in India;

(f) Authorised Foreign Adoption Agency (AFAA);

(g) State Adoption Resource Agency (SARA) or Adoption Coordinating Agency (ACA);

(h) Recognised Indian Placement Agency (RIPA); and

(i) Adoption Recommendation Committee (ARC).

(2) The authorities and agencies referred to in sub-paragraph (1) shall be guided by the procedure laid down for inter-country adoption in these Guidelines which draws strength from the Hague Convention on Inter-country Adoption-1993 provided in Schedule IX.

27. Registration for NRI or OCI or PIO or Foreign PAP(s). -

(1) The PAP(s) desiring to adopt any child or children from India may register with the Authorized Foreign Adoption Agency (AFAA) or Central Authority (CA) or Government Department dealing with adoption matters in the receiving country.

(2) The PAP(s)with the assistance of AFAA or CA shall obtain the permission of the competent authority of their country for adopting a child from India.

28. Home Study and other requirements. -

(1) A professional social worker of the AFAA or Central Authority or Government Department dealing with adoption matters in the country of the habitual residence (365 days or more) of the PAP(s), shall conduct their Home Study and shall prepare the HSR and the HSR shall contain all documents as specified in Schedule VI.

(2) All documents forming part of the Home Study Report shall be notarized and the signature of the notary is to be apostilled by competent authority of the receiving country.

(3) If the documents are in any language other than English, then the originals must be accompanied by translations in English attested by competent authority.

(4) The HSR of PAP(s) shall remain valid for a period of two years but the medical status of the PAP(s) should not be more than one year old at the time of referral of the child. 

  (5) The Home Study Report should also indicate preferences, if any, of the PAP(s) about the child’s age, sex, physical and medical condition, or location within India.

29. Identification of RIPA by CARA. -

(1) The AFAA or CA or concerned Government Department of the country receiving the child shall forward one attested or notarized copy of the HSR (not original) directly to CARA for identifying a suitable RIPA.

(2) CARA shall have a Screening Committee to examine the prima facie suitability of PAPs proposed for inter-country adoption and also identify the RIPA where the dossier will be forwarded and the Committee, headed by an official of CARA, shall also consist of external experts.

(3) While deciding to forward the dossier to a particular RIPA, the Committee shall keep in mind the preference of the PAP(s) for a particular State, availability of children and performance of the RIPA vis-à-vis in-country adoptions, etc.

(4)  The process mentioned in sub-paragraphs (2) and (3) shall be completed preferably within a period of fifteen days from the receipt of dossier.

(5) The identified RIPA shall be informed by CARA and CARA shall also advise the concerned AFAA or CA or Government Department to send the original dossier to the identified RIPA.

(6) The identification of RIPA by CARA shall in no way ensure referral of a child from India and it is not obligatory on CARA to ensure referral of a child.

(7) The RIPA shall not entertain any application received directly from any AFAA or CA or PAPs from out of India, for adoption of an Indian child.

30. Referral and Acceptance. -


(1) The RIPA shall be responsible for assigning, referral and placement of the child. 

(2) In case a RIPA does not find the PAP(s) suitable after detailed scrutiny of their dossier forwarded by CARA, it shall, within fifteen days of receipt of the original dossier, inform CARA about the same along with the reasons thereof.

(3) CARA shall have the right to accept or reject the recommendation of the RIPA. 

(4) After detailed scrutiny of the dossier and their acceptance as eligible PAPs, the RIPA shall match a child according to the request given by the PAP(s) as far as possible.

(5) The RIPA shall forward the referral constituting the Child Study Report and Medical Examination Report of the child to the AFAA or CA or concerned Government Department of the receiving country, as the case may be.

(6) The AFAA or CA or concerned Government Department of the receiving country, as the case may be, shall transmit the referral to the PAP for acceptance.

(7) On acceptance of the child by the PAP(s), the AFAA or CA or concerned Government Department of the receiving country, as the case may be, shall send back the original copy of the “referral for adoption” to RIPA, along with the following documents, namely:-

(i) Notarized or attested copy of the CSR and MER duly signed by PAP(s);

(ii) Power of attorney of the PAP(s) in favour of the official or social worker of the RIPA for filing the case in the court;

(iii) A certificate under Article 5 or agreement under Article 17 of the Hague Convention, as applicable, issued by the CA or competent authority of the receiving country

(8)The process of inter-country adoption of a child shall be completed by the AFAA or CA within a period of forty-five  days from the date of the referral.

31. Recommendation for Inter-country Adoption by Adoption Recommendation Committee. -

(1) The State Government shall constitute a Committee to be known as the Adoption Recommendation Committee (ARC) to scrutinize and issue a Recommendation Certificate for placement of a child in inter-country adoption.

(2) The Adoption Recommendation Committee shall  consist of Director or Commissioner of the State Government  dealing with children in need of care and protection or his representative, Programme Manager (Non-institutional care-SARA) and one external expert or psychologist who has no linkage with any adoption agency.

(3) Till SARA is operational in a State, the Chairperson of ACA or his representative shall function as a member of the Committee (in place of Programme Manager) along with the other members.


(4) On receipt of referral accepted by the PAPs, the RIPA shall forward two copies of the dossier which includes HSR of the PAPs and the CSR (including MER) duly signed by the PAPs to SARA or ACA along with a cheque or draft of Rs.2,500-  drawn in favour of  SARA or ACA, as the case may be, towards administrative expenses.

(5) The amount received shall be utilised for meeting the expenses in connection with processing the dossiers, payment to external experts and for other adoption promotion activities.

(6) The list of documents forming part of the dossier shall be as specified in Schedule-X.

(7) A sample affidavit to be executed on stamp paper of sufficient value and to be filed by the RIPAs is at Schedule -XI.

(8) The SARA would act as a secretariat to the committee constituted under sub-paragraph (1).

(9) The SARA shall receive the dossiers of cases for inter-country adoptions from the RIPA and put up the same before the ARC for issue of Recommendation Certificate.

(10) Till SARA becomes operational in a State, the ACA would perform the functions of SARA in that State.

(11) The SARA or ACA, as the case may be, shall ensure that the Recommendation Certificate is issued expeditiously within a period of 15 days from date of receipt of the dossier.

(12) In case of a special needs child, the SARA or the ACA, as the case may be, should issue the Recommendation Certificate within a period of 5 days from the date of receipt of the dossier.

(13) In case of medical special needs, the SARA or the ACA, as the case may be, may ask the RIPA to get a Certificate from a reputed medical institution or a Government Medical Officer.

(14) In case of siblings and older children, the ARC shall ensure that there is no waiting Indian PAPs within the region for such child or children. 

(15) The Committee constituted for issue of Recommendation Certificate should satisfy itself about the suitability of the PAPs vis-a-vis the child proposed for adoption.

(16) The Committee shall also verify the documents filed by the RIPA and ensure that procedures have been correctly followed by the RIPA.

 (17) In case, at any stage, SARA or ACA or ARC is not satisfied with the documents produced for obtaining recommendation certificate, it shall conduct appropriate investigation before disposing off the matter.

(18) The Recommendation Certificate (RC) issued by the Committee shall contain a positive recommendation if it is satisfied that the Committee has no objection to the child being placed with the proposed PAPs in inter-country adoption as per format in Schedule -XII

32. Issue of No Objection Certificate (NOC) by CARA. -

(1) Upon issue of Recommendation Certificate by the Adoption Recommendation Committee, the SARA shall retain one copy of the dossier and send the second set of dossier along with recommendation certificate to CARA.

(2) Till SARA becomes operational in a State, the ACA shall perform its functions under this paragraph.

(3) The ACA or SARA shall send a copy of the Recommendation Certificate to the concerned RIPA.

(4) CARA shall constitute a ‘No Objection Certificate (NOC) Committee’, which shall include CARA officials and external experts in the field of child development or psychology or social work or from the medical field and the committee shall be responsible for issuing ‘No Objection Certificate’ in each case of inter-country adoption.

(5) The NOC Committee constituted by CARA shall examine-

(i) The relevant documents submitted by the RIPA and verify that due procedures as laid down in these Guidelines have been followed.
 
(ii) Whether matching and placement of the child with PAPs is in the best interest of the child.

(6) After approval of the proposal by the NOC Committee, the NOC shall be issued in each case.

(7) CARA reserves the right to reject any case for inter country adoption  which is not found suitable by the NOC Committee by recording reasons for the same.

(8) The process for issue of NOC would be completed within a period of fifteen days from the date of receipt of completed dossier in CARA.

(9) NOC shall be issued in accordance with Article 17 of the Hague Convention.

(10) A copy of the NOC issued by CARA shall be mailed to RIPA and a copy thereof to SARA or ACA, AFAA or CA or concerned Government Department of the receiving country, as the case may be.

33. Pre-adoption Foster Care. -

(1) A child can be given in physical custody by the RIPA to the PAP(s) in pre-adoption foster care only after issue of NOC by the CARA. (2) The adoption agency in India shall inform the PAPs that such foster care shall have to continue till  the final adoption order is issued.

(3) The child in foster care, shall under no circumstances, be returned to the adoption agency by the PAPs for temporary care unless there is a disruption and the PAPs do not wish to go ahead with the adoption.

(4) The Indian adoption agency before physically entrusting the child to PAPs shall  inform them that the adoption process may take more than the stipulated period, so as to enable the PAPs to take an informed decision regarding taking the child in foster care.

(5) The PAPs shall not be allowed to take the child out of the city without the written permission of the concerned Indian adoption agency.

(6) The PAPs shall be required to produce a certificate from either the mission in India of the country of the nationality or the central authority of the receiving country permitting them to take the child in foster care.

(7) The PAP(s) shall also be required to sign a foster care affidavit stating that they would not leave the country without valid court order.

34. Filing of the Petition in the Competent Court.-

(1) Within five days of receipt of NOC from CARA, RIPA shall proceed to obtain a Court Order for inter-country adoption of the child from the competent court in India.

(2) RIPA shall not file an application in the competent court for inter-country adoption without “NOC” from CARA.

(3) Inter-country adoption of orphan, abandoned and surrendered children shall proceed under the Act.
           
Note.-
a. In accordance with the directions of the Honourable Supreme Court of India in L.K.Pandey vs. Union of India (WP No 1171 of 1982), the competent courts are to   dispose off the case  within a maximum period of two months  from the date of  filing.

b. As each case for inter-country adoption is required to be processed by Child Welfare Committee and State Government through the ARC and CARA, the competent court may, to the extent possible, dispose of the case in the first hearing itself in the best interest of the child.

c. The RIPA shall forward a copy of the court order and the adoption deed to CARA, SARA or ACA and AFAA or CA, as the case may be.

(4) On receipt of the Court Order, the CARA shall issue a Conformity Certificate (CC) under Article 23 as per provisions of the Hague Convention as per Schedule-XIII.

35. Passport and Visa.-

(1) No orphan, abandoned, surrendered child who has been adopted shall be allowed to leave India without a valid NOC from CARA.

(2) The RIPA shall apply for passport for the adopted child after the court order is received and the application shall include documents mentioned in Paragraph 83(3) of these Guidelines.

(3) The date of birth of the child as mentioned in the court order would be taken as the  date of birth.

(4) The concerned authorities may expeditiously issue the passport and visa to enable the adopted child to leave India with his or her adoptive parents to their habitual place of residence.

36. Child to travel with adoptive parents. -

The adoptive parent or parents shall have to come to India and accompany the child to their country.

37. Progress Reports. –

The AFAA or CA or concerned Government Department of the country, as the case may be, receiving the child shall keep CARA and concerned RIPA informed about the progress of placement as per format provided in Schedule-XIV through quarterly post-placement reports during the first year and half yearly reports during the second year of the child’s arrival in the receiving country and such follow-up shall continue upto a period of two years after the child acquires citizenship of the receiving country.

38. Timelines.-

All agencies and authorities involved in the adoption process shall adhere to the time limits stipulated for in-country adoption as per Schedule -VIII.

39. Special Category of PAPs for Inter-country Adoption.-

Inter-country adoption by Indian nationals in countries where there is no AFAA or CA shall be followed as under:-

(i) In the case of Indian nationals residing in a country where there is no AFAA or CA to sponsor applications, CARA may allow an organisation or individual recommended by the concerned Indian Mission to do the Home Study Report (HSR) and prepare adoption dossier which would then be forwarded to CARA through the Indian Embassy or High Commission.

(ii) An official of the concerned Indian Mission may also prepare the HSR and adoption dossier of the PAP(s).

(iii) The organisation or individual recommended by the concerned Indian Mission shall also be required to give an undertaking to CARA to send progress reports for a period of two years following legal adoption and also take action, as stipulated in these Guidelines, in case of disruption of adoption or repatriation of adopted child.

40. Adoption by foreign nationals living in India. -

(1) In case of foreign nationals who are citizens of a country that has ratified the Hague Convention and they have been living in India for one year or more, the PAP(s) shall approach CARA along with a certificate of No-objection to the proposed adoption from the embassy or mission of the country of their nationality.

(2) On receipt of the No Objection Certificate, CARA shall refer the case to a RIPA for carrying out the Home Study and preparation of PAP(s)’ dossier.

(3) The procedures stipulated under these Guidelines for inter-country adoption shall be followed by the RIPA.

(4) In cases referred to in sub-paragraph (1), the Embassy or Missions in India of the country of the nationality of the PAPs shall give an undertaking for post-adoption follow-up as stipulated in Chapter IV of these Guidelines.

(5) In case, the PAPs continue to reside in India during the stipulated post-adoption follow-up period, the concerned RIPA would undertake such follow-ups and report to the concerned embassy or mission and CARA.

(6) The concerned embassy or mission shall also ensure that the adopted child acquires citizenship of the country of his or her parents immediately after adoption decree and a copy of the citizenship order shall be forwarded to CARA and the concerned RIPA.

41. Adoption by OCI living in India. -

(1) The OCI (s), who are citizens of a country that has ratified the Hague Convention and they have returned to India and have been residing in India for more than one year, shall be eligible to adopt a child following procedure of Inter-country adoption under these Guidelines.

(2) The PAP(s) shall approach CARA along with a certificate of No-objection to the proposed adoption from the embassy or mission of the country of their nationality.

(3) On receipt of the certificate of No Objection, CARA shall refer the case to a RIPA for carrying out  the Home Study and preparation of PAP(s)’ dossier.

(4) The procedures stipulated under these Guidelines for inter-country adoption shall be followed by the RIPA.

(5) In such cases, the Embassy or Missions in India of the country of the nationality of the OCI shall give an undertaking for post-adoption follow-up as stipulated in Chapter IV of these Guidelines.

(6) In case, the OCI continues to reside in India during the stipulated post-adoption follow-up period, the concerned RIPA would undertake such follow-ups and report to the embassy or mission and CARA.

42. Adoption by repatriated Indian Nationals.-

Adoptions by repatriated Indian nationals holding Indian passport who have returned to India and have been residing in India for more than one year, will be processed as an in-country adoption.

43. Adoption of Special Needs Children. -

All authorities and agencies involved in adoption of special needs children shall expeditiously process their cases so that such children can join their families at the earliest.

44. Category of Special Needs children. -

(1) For the purpose of adoption, ‘special needs’ children may be categorized as under:-

(a) Children having visible and or serious medical conditions-mental or physical ;

(b) Older children;

(c) Siblings and

(d) Extremely low birth-weight children(to be certified by a Government Medical Officer)  

(2) The following ailments or disabilities may also be considered as visible or serious medical conditions in children.

(i) Spina Bifida ;

(ii) Ichthyosis (Collodian baby);

(iii) Limbs Missing;

(iv) Fingers-toes missing;

(v) Severe diabetes;

(vi) Cleft Lip-Cleft Palate or Cleft Lip;

(vii) Blind or  Partially Blind;

(viii) Severe Seizure disorders;

(ix) Chronic Asthma;

(x) Heart conditions of a severe nature;

(xi) Hepatitis B+;

(xii) Blood disorders;

(xiii) Acute Ricketts;

(xiv) Severe Orthopedic conditions;

(xv) Deaf or  Partially Deaf;

(xvi) Polio;

(xvii) Severe disfiguring birth marks;

(xviii) Indeterminate sex;

(xix) Hare lip ;

(xx) Colostomy;

(xxi) Dwarfism ;

(xxii) Hemophilia;

(xxiii) Paralysis;

(xxiv) Brain Lesion;

(xxv) Burns;

(xxvi) Thalasemia Major;

(xxvii) Fetal Alcohol Syndrome;

(xxviii) Ectodermal displacia (no sweat glands);

(xxix) Microcephaly;

(xxx) Epilepsy (does not include fever induced convulsions);

(xxxi) Pier Robin Syndrome (no tongue);

(xxxii) Neurological disorders;

(xxxiii) Speech dysfunction-dysphasia;

(xxxiv) Chronic Eczema;

(xxxv) Child requiring psychiatric treatment;

(xxxvi) Any other child with disabilities as defined in the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995(1 of 1996)

Note.- 
(1) The list given in sub-para

(2) is illustrative only and it is not exhaustive.

(3) A child suffering from a disease or deformity which does not have serious long-term residual effects and which can be corrected, shall not be categorised as a “special needs child”.

(4) Children above five years of age shall be treated as special needs children as placement of such children in adoption is difficult.

(5) Siblings of different ages, shall as far as possible, be placed in adoption in the same family and such children shall also be categorized as special needs children.

(6) If a child has severely delayed milestones, as certified by a Government medical officer, the child will be categorized as a “special needs child” .

(7) A child who is marginally delayed in gaining normal weight will not be treated as a special needs child.

45. Preparing Special Needs Children for Adoption. -

(1) It is the role of the Specialised Adoption Agency to prepare the special needs child for adoption.

(2) In case of special needs children, their ability to handle the change in care giver, environment, quality of life and the like factors may not be equal to that of other children.

Note.-  Special needs children are older children in many cases and they may  be fixed in their ideas and attitudes making them inflexible and they may face serious adjustments problems.

(3) It is essential that the Specialised Adoption Agency make special efforts to prepare the child for adoption.

(4) Older children should be shown photographs of the adoptive family and carefully counselled to prepare them mentally and emotionally.

(5) The child should be sent to educational institute in the interim period and regular habits of toilet and hygiene should be inculcated in the child.

(7) In order to start the bonding process, the Specialised Adoption Agency should encourage the PAP(s) to share their family albums, photographs and small gifts and letters with the child.

(8) If the child is going to a foreign country, the child should be taught the language of the adoptive parents, as far as possible.

46. PAP(s) for Special Needs children.

(1) PAP(s) who are willing to adopt a child with special needs will get priority in adoption and the Specialised Adoption Agency shall maintain a list of all such PAP(s) facilitating the placement of special needs children in adoption.

(2) While maintaining the list of PAPs, the following should be kept in mind, namely:-

    (i) Older and experienced parents tend to be more committed to parent a child with special needs and thus are more likely to have the skills, patience, financial means and parenting experience;
    (ii) Parents who have had experience, either though the field they work in, or because they have had some exposure to the specific medical condition, may be better equipped to parent children with special need;
    (iii) The HSR shall reflect–

    (a) The motivation and ability of the PAP(s) to adopt such a child;

    (b) whether the PAP(s) have the financial means to handle the special needs of the child;

(iv)Special needs children should be shown for acceptance to only those PAPs, who have expressly given preference or willingness to adopt such children.

(3) The Specialised Adoption Agency shall organise orientation sessions for the PAP(s) to enable them to understand issues relating to special needs children and help them take an informed decision.

(4) The PAP(s) and the foreign adoption agencies in case of inter-country adoption) should be given detailed child study reports, medical data and counselling reports by the Recognised Indian Placement Agency  without concealing any facts.

(5) The Recognised Indian Placement Agency (RIPA) also called Special Adoption Agency should give information on the child’s developmental milestone, additional medical tests if required and answers to queries that the prospective parents may raise concerning these children.

(6) The child study report should portray the child in a positive manner and at the same time be realistic in the medical condition.

47. Procedure for Adoption of Special Needs children. -

(1) In case of inter-country adoption, PAPs desiring to adopt special needs children are required to follow procedure as per norms laid down in paragraphs 27 to 38  and their adoption cases shall be processed only by the Recognised Indian Placement Agency.

(2) All concerned authorities shall ensure that time lines set for processing cases of special needs children are strictly adhered to.


Central Adoption Resource Authority, Ministry of Women & Child Development,
West Block 8, Wing 2, 2nd Floor, R.K. Puram, New Delhi-110066 (India)
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