Intercountry adoption
under the Hague Convention.

Who can adopt

Eligibility is assessed by CARA and by the court. The principal requirements are:

• Age and marital status. A prospective adoptive parent must generally be at least 25 years old. Married couples may adopt jointly. Single individuals may also adopt. The age difference between the child and the younger prospective adoptive parent should ordinarily be between 25 and 55 years.
• Health and character. PAPs must be physically and mentally fit and of good moral character. Medical certificates and police clearance certificates are required.
• Financial stability. PAPs must demonstrate the financial capacity to support and care for the child.
• Existing biological children. Where PAPs have biological children, specific rules apply regarding the gender of the child to be adopted.
• No disqualifying condition. Certain medical conditions and criminal records disqualify a person from adopting.

The pathway, stage by stage

1. Registration with an Authorised Foreign Adoption Agency (AFAA).
A Non-Resident Indian, Overseas Citizen of India, or foreign prospective adoptive parent living in a Hague Convention country begins by approaching the concerned Authorised Foreign Adoption Agency or Central Authority in their country of residence. Where no AFAA or Central Authority exists, the PAP approaches the concerned Government department or the Indian diplomatic mission.

2. Home Study Report.
The AFAA, Central Authority, Government department, or Indian diplomatic mission prepares a home study report assessing the suitability of the PAPs. On completion, the application is registered in CARA's Child Adoption Resource Information and Guidance System (CARINGS), along with the documents required under Schedule 5 of the Adoption Regulations.

3. Seniority and eligibility review.
Seniority is calculated from the date of registration in CARINGS. The home study report and other documents are scrutinised at CARA to determine the PAPs' eligibility and suitability.

4. Referral of children.
Profiles of two children are ordinarily referred to the AFAA, Central Authority, Government department, or Indian diplomatic mission — which forwards them to the PAPs. The PAPs may reserve one of the two children within ninety-six hours. If neither is reserved within that window, both profiles are automatically withdrawn.

5. Acceptance of the child.
Where a child is reserved, the PAPs must accept the child by signing the Child Study Report and Medical Examination Report within thirty days of the referral. If they fail to do so, the child's profile is withdrawn and their seniority shifts to the bottom of the list. Their registration remains valid for two years from the date of registration.

6. Pre-adoption visit.
A visit to the Specialised Adoption Agency (SAA) to see the child in person may be made after the adoption application has been approved by CARA. PAPs may also have the child's Medical Examination Report reviewed by a medical practitioner of their choice.

7. Court process.
The SAA files an adoption application in the competent court within seven working days from receipt of the PAPs' acceptance of the child. Where the child is in a child care institution in another district, the petition is filed in the court of that district. The court holds proceedings in-camera and ordinarily disposes of the case within two months of filing.

8. Adoption order and birth certificate.
Once the adoption order is passed, the SAA obtains a certified copy and forwards it to the PAPs within ten days, and makes the necessary entries in CARINGS. Registration of a deed of adoption is not necessary. The SAA also obtains the child's birth certificate from the issuing authority, with the adoptive parents recorded as parents and the date of birth as per the adoption order.

9. Conformity certificate, passport, and visa.
Where the receiving country is a Hague Convention signatory, CARA issues a conformity certificate under Article 23 of the Convention within three working days from the availability of the adoption order in CARINGS. CARA also informs the immigration authorities and the FRRO or FRO of the confirmation of adoption. The SAA submits the passport application to the Regional Passport Office within three working days of receiving the certified copy of the adoption order, and the passport is ordinarily issued within ten days.

10. Travel to India and departure.
The adoptive parents must come to India to take the adopted child to their country. The adopted child is entitled to receive an Overseas Citizen of India card, if eligible.

Post-adoption follow-up

After the child has arrived in the receiving country, the AFAA, Central Authority, Indian diplomatic mission, or concerned Government department reports the child's progress online in CARINGS — along with photographs — on a quarterly basis during the first year, and on a six-monthly basis during the second year.

Where an adjustment problem is identified, counselling is arranged for the adoptive parents and for the child where applicable. If the child is unable to adjust, or if continuance in the adoptive family is not in the child's interest, the AFAA or Central Authority withdraws the child, arranges counselling, and provides for suitable alternate adoption or foster placement in consultation with the Indian diplomatic mission and CARA.

PAPs are required to give an undertaking allowing personal visits by a representative of the AFAA, the foreign Central Authority, or the concerned Government Department for at least two years from the child's arrival in the receiving country.

Adoption by an OCI or foreign national living in India

Where an Overseas Citizen of India or foreign national has been living in India for one year or more and is a citizen of a country that has ratified the Hague Convention, the process differs in three respects:

• The application is filed online in CARINGS in the prescribed format with the required documents.
• CARA refers the case to a Specialised Adoption Agency for preparation of the home study report, which the SAA uploads to CARINGS.
• The reserved window for the referral of children is forty-eight hours, rather than ninety-six.

In all other respects, the procedures above apply — with the SAA performing the role that the AFAA, Central Authority, Government department, or Indian diplomatic mission performs for PAPs living abroad. Where the PAP later moves out of India before completing two years after adoption, they must inform CARA of the new address and continue to send post-adoption progress reports for the remaining period.

Where the delay usually occurs

In our experience with these matters, the stages that most often delay an otherwise well-prepared adoption are these:

• Dossier completeness. A home study report or dossier that is inconsistent, incomplete, or out of date at the time it is uploaded to CARINGS causes significant delay. Every document must be current and internally consistent.
• Timing of acceptance. The thirty-day window to accept a referred child, and the ninety-six-hour window to reserve a child, are strict. A delay in obtaining the PAPs' sign-off — especially across time zones — can cause the profile to be withdrawn.
• Court scheduling. Although the court is required to dispose of the case within two months, the practical position varies by district and by the court's workload.
• Passport and conformity certificate sequencing. These can be prepared in parallel if planned correctly, but often end up sequential — adding three to four weeks.
• Post-adoption reporting. A failure to file the progress reports on time can have consequences for the child's status in the receiving country and for any future dealings with CARA.

How Kavao Law can assist

We assist prospective adoptive parents through every stage of an intercountry adoption under the Hague Convention. Our work typically includes:

• Reviewing eligibility and identifying any issues before the process begins.
• Assisting with the preparation and completeness of the dossier.
• Coordinating with the Authorised Foreign Adoption Agency and the Specialised Adoption Agency in India.
• Filing and pursuing the adoption petition in the competent court.
• Coordinating with the passport authorities and the embassy or consulate on the child's travel documents.
• Ensuring that post-adoption follow-up reports are properly filed with CARA.

For more on this service, see our Intercountry Adoption practice-area page.

A closing note

The information in this article is drawn from the Adoption Regulations and from the guidance published by CARA. It is general in nature and is intended to give prospective adoptive parents a clearer sense of the road ahead. Every adoption depends on its own facts, on the receiving country's rules, and on the position at CARA at the time.

For the primary source material, prospective adoptive parents are encouraged to consult CARA directly at www.cara.nic.in, and to take legal advice in both India and their home country before making any decision.