Relative (Family) Adoption in India Opens Again! See our NEWS section for more information. Link to News.
Relative 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. (For other options, please link to International Adoption, or Domestic Adoption.)
Families adopting a relative child must register with a licensed adoption agency and gain approval from their provincial authority. Contact us to book your free consultation today.
Families must comply with the legal adoption requirements of the adoptive child’s country and must be cleared by Canadian Immigration process for an internationally adopted child.
Relative adoption is a complex process, which involves approval from the country of the adoptive parents and the country where the child is residing. In addition, the adoption must comply with Canadian immigration requirements. World View is uniquely placed to provide this service effectively because the Program Director, Mr. Parmjit Mangat, has over 25 years experience in this area and is also a certified ICCRC immigration consultant.
Mr. Mangat regularly handles immigration appeals of relative adoption immigration cases which have been refused by the visa office. Recently, three cases of children who had been adopted when they were older than twelve by a relative in Canada came up for their appeal hearing. In all three cases, the appeal board ruled in favor of the appellants, allowing the children to be reunited with their adoptive parents.
These cases are:
- Gurcharan Singh Sond v. Minister of Citizenship & Immigration, Decision date: June 15, 2012
- Manjinder Singh Thind v. Minister of Citizenship & Immigration, Decision date: June 28, 2012
- Sushil Kaur v. Minister of Citizenship & Immigration
If Canadian Immigration has refused your relative adoption application, you have the right of Appeal. Contact us for more information on appealing your case.
For additional information on experience with appeals, please link to West Coast Immigration Consultants (Major Appeal Wins).
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.