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Union of India - Section

Section 20 in Adoption Regulations, 2017

20. Adoption by Overseas Citizen of India or foreign national of Hague Adoption Convention ratified countries living in India.

(1)An Overseas Citizen of India or foreign national, who is a citizen of a country that has ratified the Hague Convention and is a habitual resident, shall apply for adoption online in prescribed format as specified in Schedule VI along with the required documents specified therein by uploading in the Child Adoption Resource Information and Guidance System.
(2)On receipt of the application, along with the required documents duly notarized, except those documents originating from India which may be self-attested, the Authority shall refer the case to a Specialized Adoption Agency for preparing the Home Study Report in the format given at Schedule VII and the Specialized Adoption Agency shall upload the Home Study Report in the Child Adoption Resource Information and Guidance System.
(3)The prospective adoptive parents may reserve one of the referred children within forty-eight hours and the procedures shall be followed as per the provisions of sub-regulations (9), (10), (12) and (13) of regulation 15 and regulations 16 to 19.
(4)The role of preparing Home Study Report and uploading progress report as required under these Regulations shall be done by the Specialized Adoption Agency concerned.
(5)The Specialized Adoption Agency shall report the progress of the child on six monthly basis for a period of two years from the date of pre-adoption foster care by uploading the details in the Child Adoption Resource Information and Guidance System as per the format provided at Schedule XII along with photographs of the child.
(6)If any adjustment problem of the adoptee with the adoptive parents comes to the notice of the Specialized Adoption Agency through the progress report or in the course of post-adoption home visits, counseling shall be arranged for the adoptive parents and the adoptee, wherever applicable.
(7)During the follow-up, if the Specialized Adoption Agency finds that the adoptee is unable to adjust in the adoptive family or the continuance of the adoptee in the adoptive family is not in the best interests of the child, the procedure as provided in sub-regulations (5), (6) and (7) of regulation 13 shall be followed.
(8)The diplomatic mission concerned shall also ensure that the adopted child acquires citizenship of the country of his parents immediately after adoption decree and a copy of the passport of the child from the country of the nationality of the prospective adoptive parents shall be forwarded to the Authority and the Specialized Adoption Agency concerned.
(9)An Overseas Citizen of India or foreign prospective adoptive parents living in India, are required to give an affidavit to the effect that they would allow personal visits of the representative by the Specialized Adoption Agency or District Child Protection Unit or State Adoption Resource Agency, as the case may be, for a period of at least two years from the date of adoption.
(10)An Overseas Citizen of India or foreign prospective adoptive parents living in India, as the case may be, shall give an undertaking to the effect that if they move out of India before completion of two years after adoption, they shall inform to the Authority about their movement, furnish their new address, and continue to send their post-adoption progress report to the Authority for the remaining period.