adoption made directly and
an adoption made through an adoption agency, it
is submitted that the same extends to all forms of
inter- country adoptions ... convention country i.e., a
country which has ratified the Hague Convention.
40. The procedure for inter-country adoption, which is prescribed under
Section
adoption cannot be cleared. In the process of inter-country adoption and in-country adoption, there is an active role for the placement agency, VACA ... house of information in regard to children available for in-country and inter-country adoption to regulate, monitor and develop programmes for the rehabilitation
child's country of origin;
(c) Ensure that the child concerned by inter-country adoption enjoys safeguards and standards equivalent to those existing ... Inter-country adoptions. Paragraph 5.8 appearing in Chapter V of the said Report lays down the guidelines with regard to Inter-country adoption of children
protection of children involved in inter-country adop-
tion" and further that inter-country adoption should wherever possible.
only be undertaken where such measures ... inter-country adop-
tions. Such CARA is expected to act as a clearing house of information in
regard to children available for inter-country adoption
receiving country.
5.5. The appropriate authority or agency in both countries shall monitor the reimbursement of costs involved in inter-country adoption to prevent profiteering ... adoption is not to be finalised in the sending country, the adoption authority in the receiving country shall ensure that an adoption order is sought
adoption application. As per Regulation 55 , the in-country
and inter-country adoption of a child of a relative has been
:: 23 ::
prescribed that ... crystallized that to promote the adoption in the
country either for in-country or inter-country adoption is a
primary responsibility of the CARA, which
Hague Convention on Protection of
Children and Cooperation in respect of Inter-Country Adoption, 1993
(hereinafter referred to as the Hague Convention) was also taken ... distinction which he would like to draw
between the term „inter-country adoption‟ and „inter-country direct
C.M. (M) No.579/2015 Page
days as a
consequence of which the case was opened for inter-country adoption.
The petitioners, the Prospective Adoptive Parents7 made a
reservation in favour ... Authority."
28. Proceeding then to deal with the subject of inter country
adoption, Section 59 provides as under:-
"59.Procedure for inter-country
respect of Inter-
country Adoption, the Central Adoption Resource
15
Authority shall issue No Objection Certificate for
Hague ratified countries under Article ... country of residence or wish to adopt a child
from a third country."
(Emphasis supplied)
30
The aforementioned norms would indicate inter-country adoption
Adoption Regulations, 2017 would reveal that in a case of
within-country adoption, an application for adoption is to be filed
before the competent Court ... case of inter-country adoption, the
Specialised Adoption Agency shall file an application for adoption
13
before the competent Court within 10 days of receipt
