Intercountry adoption
under the Hague Convention.

What intercountry adoption is

Intercountry adoption is the legal process by which a child habitually resident in India is adopted by individuals or couples who are citizens of, and habitually resident in, another country. In India, intercountry adoption is regulated by the Central Adoption Resource Authority (CARA), a statutory body under the Ministry of Women & Child Development, and is governed by the Juvenile Justice (Care and Protection of Children) Act, 2015, the Adoption Regulations, and the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption.

India is a signatory to the Hague Convention. This means the process follows internationally recognised safeguards designed to protect the child, prevent abduction and trafficking, and ensure that adoption is in the child's best interests.

Eligibility criteria for prospective adoptive parents (PAPs)

Eligibility is assessed by the Central Adoption Resource Authority and by the concerned 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 PAP 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, to maintain balance within the family.
• No disqualifying condition: Certain medical conditions and criminal records disqualify a person from adopting.

The process, stage by stage

1. Registration with an Authorised Foreign Adoption Agency (AFAA).
PAPs begin by registering with an Authorised Foreign Adoption Agency in their country of residence, or with the Central Authority of that country if it is a Hague Convention country. The AFAA is the channel through which all subsequent steps are processed.

2. Home Study Report (HSR).
A licensed social worker conducts a home study to assess the suitability of the PAPs to adopt. The HSR covers family background, health, finances, motivation, and readiness to parent a child from another culture.

3. Dossier preparation and submission.
PAPs compile and submit a dossier containing birth certificates, marriage certificates, income proof, medical certificates, police clearance, photographs, and the approved HSR. The dossier is forwarded by the AFAA to CARA.

4. Referral and acceptance.
CARA matches the PAPs with a child available for adoption in India. The PAPs review the Child Study Report and Medical Report, and may accept the referral or decline it (within the permissible limits).

5. Pre-adoption visit.
PAPs travel to India to meet the child at the Specialised Adoption Agency (SAA). This visit allows both the PAPs and the child to become familiar with each other before the legal process begins.

6. Court process.
A petition for adoption is filed before the competent court where the child resides. The court examines the case, considers the child's welfare, and — if satisfied — passes the adoption order. The child's birth certificate is updated to reflect the adoptive parents.

7. Passport, immigration, and visa.
After the adoption order, the child's passport is obtained from the Regional Passport Office in India, and the appropriate visa (or, where applicable, citizenship) is arranged with the embassy or consulate of the PAPs' home country.

8. Post-adoption follow-up.
Post-placement follow-up reports must be submitted to CARA by the AFAA at prescribed intervals until the child turns 18. These reports are a mandatory part of the process and cannot be waived.

The regulatory framework

The two pillars of the Indian intercountry adoption regime are the Hague Convention and the CARA Guidelines. Together they ensure that adoptions are processed transparently, that children are protected at every stage, and that PAPs are given a clear, predictable pathway.

For the primary source material, PAPs are encouraged to consult CARA directly at www.cara.nic.in.

Practical challenges to expect

• Time: The process from registration to the child arriving in the home country can take several years. Timelines depend on eligibility, matching, court schedules, and immigration processing.
• Documentation: The dossier must be complete and consistent. Small errors or inconsistencies can cause significant delay.
• Cultural adjustment: Both PAPs and the child will need support through the transition, particularly in the early years.
• Identity questions: Adoptive parents should be prepared to help the child understand and value their origins.
• Ethical safeguards: The Hague Convention framework is designed to prevent trafficking and irregular practices. PAPs must work only with authorised agencies at both ends.

Relative (kinship) adoption

Where the child is a relative of the PAPs — a grandchild, sibling, niece, nephew, or cousin — a different procedure applies. Relative adoption, also called kinship or intra-family adoption, is generally faster and less complex than full intercountry adoption, but it still requires a court order and compliance with CARA guidelines.

Key features of relative adoption:

• The prospective adoptive parent must be a relative of the child.
• Age and marital status requirements are similar to intercountry adoption.
• The consent of the child's biological parents is required where they are alive, unless parental rights have been terminated by a court.
• A petition is filed before the competent court; if the court is satisfied that adoption is in the child's best interests, it passes the adoption order.
• The child's birth certificate is updated, and post-adoption support services may be available.

How Kavao Law can assist

We have extensive experience assisting prospective adoptive parents through every stage of intercountry adoption under the Hague Convention — from the initial review of eligibility and documentation, through liaison with AFAAs, SAAs, and CARA, to representation before the Indian courts and coordination on passport, immigration, and post-adoption follow-up.

Our role typically includes:

• Reviewing eligibility and flagging any issues before the process begins.
• Assisting with the preparation and submission 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.
• Assisting for applying the passport and the application before concerned embassy or consulate for the child's travel with PAPs.

Please note: The information on this page is provided for general understanding only. Adoption law and procedure are detailed and jurisdiction-specific. If you are considering an intercountry adoption, we strongly recommend that you contact both the concerned department in your home country and a qualified Indian lawyer for case-specific advice.