Indian missions are going to be asked by the Ministry of External Affairs to track the well-being of children adopted from here in foreign countries
A notification is being issued soon by the ministry of Women and Child Development in India, that will facilitate inter-country adoption under the Hindu Adoptions and Maintenance Act (HAMA). Under this Act a no-objection certificate to take the child abroad will be received by families adopting from Central Adoption Resource Authority (CARA), the government’s adoption authority, according to the new regulation.
Currently, no-objection certificates have to be sourced by families by approaching the courts. For constant monitoring by CARA and other authorities, last month, the ministry issued a notification waiving the two-year mandatory period that an adoptive family would have to stay in the country. When they want to travel with the adopted child, adoptive families can now intimate Indian diplomatic missions according to this new rule, two weeks in advance. For this all details are to be furnished by the families, including that of residence. Instead of CARA and other authorities, for monitoring the progress and security of the adopted child, the Indian Mission will also get active.
According to ministry officials these measures will also ensure prevention of abuse or child trafficking besides of course facilitating ease in carrying out adoptions.
The HAMA is a personal law applicable to Hindus, Sikhs, Buddhists and Jains dealing in adoptions within a family that was enacted in 1956. Adoptions under it are simpler as the two parties along with the child only need to approach a court, whereas CARA has strict stipulations prior to and after adoptions. They could be Home Study Reports of the prospective parents. These are prepared through social workers of selected Specialised Adoption Agency.
A senior ministry official said, “There were many challenges under HAMA pertaining to taking a child to another country. Sometimes a parent would get a job in another country but would not be able to go because it was difficult to get an NOC. We have now made this easier.”
Indian missions are going to be asked by the Ministry of External Affairs to track the well-being of children adopted from here in foreign countries
“We asked CARA to frame regulations under HAMA on how inter-country adoption can take place, as there were no protocols for this. So, when NRIs or OCIs would adopt under HAMA, they would face problems getting NOCs and would not be able to take the child back with them, as it was difficult getting a passport or visa. The District Magistrate will now carry out a verification and within a month of the application, send recommendations to CARA for NOCs,” said the official.
Indian missions are going to be asked by the Ministry of External Affairs to track the well-being of children adopted from here in foreign countries.
“The Juvenile Justice Act provides that an adopted child be relocated in a similar socio-cultural environment. What this means is that the child is adopted within a community so she can adapt to the environment easier, including sharing the same language and culture as the parents. The present system does not give this issue a priority,” said the official.
“But with the new rule, we have decided that parents from the same state as the child will be given first priority for adoption, and then parents from within the country, only after which parents living in other countries – both Indian and foreign – will be given the opportunity,” said the official.
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