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. Currently, adoptive Parents need to approach the Court for receiving a NOC.

The Act brought to smooth Foreign and Domestic adoption. Before this act, adoptive Parents needed to stay at least two years in the Country for monitoring their adopted child, which meant NRIs who adopted a child had to stay in India for two years. But now, According to new regulations, the Government has decided to remove the norm of mandatory adoptive parents to stay in the country and allowing Central Adoption Resource Agency to issue NOC which as of now is issued by the Court.


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Ministry official said on Tuesday- These measures are being taken to facilitate inter-country adoption and for ensuring the prevention of abuse or child trafficking.

Enacted in 1956, The Hindu Adoption and Maintenance Act (HAMA) is a personal law applicable for Sikhs, Buddhists, Hindus, and Jains, Under this act Adoption is easy as both parties with children need to approach the Court while CARA(Central Adoption Resource Authority) has strict stipulations before and after adoption such as Home study Report of Parents which is prepared by the workers of a selected specialised agency.

As the sources said that the notification is to be issued in a day or two. Adoption in India as of now is governed by the Juvenile Justice Act, Personal Law and under the  Hindu Adoption and Maintenance Act. Sources said that modifications were necessitated in Adoption Maintenance Act because there was a gap between HAMA and Hague Convention, the international treaty for inter-country adoption in which India is a member.

A senior official said that it was very challenging under the HAMA act to take the pertaining child to another country like if Parents would get a job outside the country then receiving a NOC was difficult. But now we asked CARA to frame regulation under HAMA.

Once the new regulations are implemented, NRIs will be able to take their children outside the country of residence along the process of verification will begin in that country. Monitoring of children will assess how children are coping in their new home, it will be monitored by the Indian Mission in those countries. Adoptive Parents will have to furnish details including the address to the Diplomatic mission and need to follow all the instructions given for the safety of children

Another official explained that this step is being followed by the government after modifying JJ Act to give district Magistrate final authority of Adoption