November 7, 2013. Relative (Family) Adoption in India Opens Again
After more than a two-year hold on relative (family) adoptions from India, the Central Adoption Resource Authority (CARA) of the Indian government has announced that prospective adoptive parents (PAPs) can again begin filing their applications to adopt a relative child, effective immediately.
Since July 2011, India had stopped accepting applications for relative adoption as they were developing new guidelines. Thus, no applications were processed for the past 2+ years. Recently, the Indian government decided that, until the new guidelines are issued, old guidelines will be applied and relative adoptions can proceed as before.
Relative or family adoption occurs when an individual or couple becomes the legal and permanent parent(s) of a child that is a biological relative. A relative may include a grandparent, uncle, aunt, cousin and others as defined by the laws of the country of adoption.
In 2003, India signed and ratified the 1995 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (or Hague Adoption Convention). At this time, India started monitoring relative adoptions.
In order for a child to come to Canada, Canadian immigration wants a No Objection Certificate (NOC) issued by CARA before approval of visa. As a result of Hague, India developed its own guidelines for monitoring international relative adoptions before issuing an NOC. As part of the process, individuals have to carry out an adoption under the Hindu Adoption and Maintenance Act, 1956, (HAMA) and obtain a court order under the Juvenile Justice Act (JJA) that the child is legally free and clear for adoption. Those documents must be submitted to CARA who verifies the information with the Indian state government where the child resides and only then issues the NOC.
Canadian citizens or permanent residents adopting a relative child must register with a Canadian licensed adoption agency and gain approval from their provincial authority. Families must also comply with the Indian legal adoption requirements and must be cleared by Canadian Immigration before the child can enter Canada. If Canadian Immigration has refused a relative adoption application, parents have the right of Appeal.
If you need more information or have any questions, you can contact, World View Adoption Association, a non-profit organization licensed by the Ontario Government for international adoption and specializing in adoptions from India (relative and orphan) since 2001: Parmjit S. Mangat, Program Director, World View Adoption Association, Tel. 417 743 9324, email@example.com.