Government to bring rules to facilitate inter-country adoption, Not Mandatory two years stay in India for NRIs

The Ministry of Child and Development is about to issue a notice to facilitate inter-country adoption under the Hindu Adoption and Maintenance Act. At present, adoptive parents must approach the Court for a NOC.

The Act brought smooth foreign and domestic adoption. Before the act, adoptive parents had to stay in India for at least two years to monitor their adopted child. Now, according to new regulations, the Government has decided to remove the requirement for adoptive parents to stay in the country and to allow the Central Adoption Resource Agency to issue NOCs, which were previously issued only by courts. 

According to a Ministry official, these measures are being taken to facilitate international adoptions and to prevent abuse or child trafficking. Under the Hindu Adoption and Maintenance Act (HAMA) passed in 1956, adoption is facilitated by both parties to approach the court while CARA (Central Adoption Resource Authority) requires strict official approvals before and after adoption, such as the Home Study Report of the parents drafted by selected specialists.

According to sources, the notification will be issued in a few days. Currently, adoption in India is governed by the Juvenile Justice Act, Personal Law, and the Hindu Adoption and Maintenance Act. Modifications were necessary in the Adoption Maintenance Act because there was a discrepancy between HAMA and the Hague Convention, the international treaty for inter-country adoption, of which India is a member.

An official said that it is very difficult under the HAMA act for a parent to take their child outside the country, such as if they get a job outside the country, receiving a NOC is very difficult. We have now asked CARA to frame regulations under HAMA.

The new regulations will allow NRIs to take their children outside their country of residence once the process of verification has begun in that country. The Indian Mission in those countries will monitor how children are coping in their new homes. To ensure the safety of adopted children, the parents must provide details, including their address, to the diplomatic mission.

According to another official, this step was taken by the government after the JJ Act was modified to give district magistrates final authority over adoptions