International Adoption - India

DISCLAIMER: Information in this circular relating to the legal requirements of specific foreign countries is provided for general information only. Questions involving interpretation of specific foreign laws should be addressed to foreign counsel.

BEFORE YOU LEAVE THE U.S.

U.S. immigration and visa laws provide for advance approval of an adoption petition on Form I-600A by the Immigration and Naturalization Service (INS) office that has jurisdiction over your place of domicile. This form may be filed before you locate a specific child for adoption. Taking this step generally reduces the amount of time adoptive parents must wait to bring the child to the United States after a particular child is chosen.

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You may obtain additional information from your local office of INS. The telephone number of that office should appear in the U.S. Government section (blue pages) of your telephone directory.

COMPLYING WITH INDIAN LAW

Hindus may adopt a child pursuant to the Hindu Adoptions and Maintenance Act LXXVIII of 1956.

Indian law has no provisions for foreigners to adopt Indian children, but under the Guardian and Wards Act of 1890, foreigners may petition an Indian District Court for legal custody of a child to be taken abroad for adoption. Following a 1984 Indian Supreme Court decision, non-Indians are required to work through an adoption agency in their home country that is licensed in accordance with local law and appears on a list of agencies approved by the Indian government. Only an Indian agency recognized and listed by the Indian Government may make children available for adoption by foreigners. The list of U.S. and Indian agencies authorized by India to handle inter-country adoptions is enclosed.

You may wish to contact an Indian attorney to assist you in obtaining custody. Lists of attorneys practicing in India are attached.

FILING AN ADOPTION PETITION WITH THE INS

The I-600A petition, which established the eligibility of the parents to adopt a child abroad, is generally filed with the INS in the U.S. The following documents are required:

(a) Fingerprints of petitioner (and spouse, if married);
(b) Home study documents from an authorized agency in the U.S. where the child will be adopted;
(c) Proof of petitioners' U.S. citizenship (passport or birth certificate);
(d) Evidence of financial support;
(e) Payment of the filing fee.

Once the child has been identified, the I-600 can be filed either with the domestic INS officer where the I-660A (if any) was filed, or the I-600 petition can be filed with the INS in New Delhi. The following documents are generally required for filing an I-600 petition:

(a) Court order regarding legal custody of the child;
(b) Evidence that the child is an orphan;
(c) Birth certificate of the child;
(d) Two photographs of the child;
(e) Payment of required fees.

OBTAINING THE CHILD'S IMMIGRANT VISA

Once the petition has been approved by INS and forwarded to the consular section at the U.S. Embassy or Consulate, the adopted child must apply for an immigrant visa. The child must appear in person, but there is no requirement that the adoptive parent(s) appear as well. Often someone from the child welfare agency will bring the child to the consular section for the visa and subsequently accompany the child to the U.S.

The following documents are generally required for issuance of an immigrant visa:

1) A copy of the court order granting legal custody of the child;

2) Medical examination of the child from one of the physicians on the Embassy or Consulate's panel;

3) Child's birth certificate;

4) Application fee and visa fee; rupee demand drafts (bank checks) are preferred, but cash or travelers checks in either dollars or the equivalent amount in rupees are accepted.

5) Indian passport for the child.

AFTER THE CHILD ARRIVES IN THE U.S.

The actual adoption of the child will take place in the U.S., according to the laws of the state in which you are domiciled. Each state has its own laws governing adoption of children. Your stateside adoption agency or local child welfare bureau can help you with this final step.

Orphan Petition Procedures at a Glance:

FASTEST WAY

How to Start

1. File advance processing application before orphan is known.

2. Find an orphan to adopt.

3. Then file orphan petition in behalf of orphan.

FORMS AND DOCUMENTS

ADVANCE PROCESSING

1. Form 1-600 A, Application for Advance Processing of Orphan Petition.

2. The fingerprints of each prospective adoptive parent on form FD-258.

3. Proof of the prospective petitioner's United States citizenship.

4. Proof of the marriage of the prospective petitioner, and spouse, if married.

5. Proof of termination of any prior marriages of the prospective petitioner and spouse or unmarried prospective petitioner, if applicable.

6. A favorably recommended home study.

7. Filing fee.

Orphan Petition

1. Form 1-600, Petition to Classify orphan as an immediate relative.

2. Proof of orphan's age.

3. Death certificate(s) of the orphan's parent(s), if applicable.

4. A) Proof that the orphan's sole or surviving parent cannot give the orphan proper care and has, in writing, forever or irrevocably released the orphan for emigration and adoption, if the orphan has only one parent; or

B) Proof that the orphan has been unconditionally abandoned to an orphanage, if the orphan is in an orphanage. (Usually in the form of an affidavit from the In-charge of the orphanage attesting to the date/place of birth of the child and the fact that the child was abandoned to their organization.)

5. A court order. A) For Hindu petitioners, a court order granting them the permission to adopt the child. The order requires them to execute and register an adoption deed within 7 days of the order. The deed must be registered with the Office of Sub-registrar. (Usually a copy of the deed with proof of fees paid will suffice). B) For Non-Hindus, a court order granting them the legal custody of the child.

6. Proof that the pre-adoption requirements, if any, of the state of the orphan's proposed residence have been met, if the orphan is to be adopted in the United States.

THE OTHER WAY

How to Start

1. Find an orphan to adopt.

2. File orphan petition on behalf of orphan.

FORMS AND DOCUMENTS

1. Form I-600, Petition to Classify Orphan as an immediate relative.

2. The fingerprints of each prospective adoptive parent on form FD-258.

3. Proof of the prospective petitioner's United States citizenship.

4. Proof of the marriage of the prospective petitioner, and spouse, if married.

5. Proof of termination of any prior marriages of the prospective petitioner and spouse or unmarried prospective petitioner, if applicable.

6. A favorably recommended home study.

7. Filing fee.

8. Proof of orphan's age.

9. Evidence the child is an orphan through:

A) Death certificate(s) of the orphan's parent(s), if applicable; or,

B) Proof that the orphan's sole or surviving parent cannot give the orphan proper care and has, in writing, forever or irrevocably released the orphan for emigration and adoption, if the orphan has only one parent; or,

C) Proof that the orphan has been unconditionally abandoned to an orphanage, if the orphan is in an orphanage. (Usually in form of an affidavit from the In-charge of the orphanage attesting the date/place of birth of the child and the fact that the child was abandoned to their organization); or,

D) Certificate of abandonment issued by the Juvenile board.

10. A court order. A) For Hindu petitioners, a Court order granting them permission to adopt the child. The order requires them to execute and register an adoption deed within 7 days of the order. The deed must be registered with the Office of Sub-registrar. (Usually a copy of the deed with proof of fees paid will suffice). B) For Non-Hindus, a court order granting them the legal custody of the child.

11. Proof that the pre-adoption requirements, if any, of the state of the orphan's proposed residence have been met, if the orphan is to be adopted in the United States. Please note that while a Hindu adoption may be final and legal if conducted by proxy on the part of one or both adoptive parents, it is not considered a full adoption for U.S. immigration purposes. The child will be issued an IR-4 visa, which requires a re-adoption in the U.S. Therefore, evidence that re-adoption is legal in the state of expected residence and a declaration of intent by adopting parents that they will re-adopt the child will also be required of parents who have adopted under Hindu law.

QUESTIONS: Specific questions regarding adoption in India may be addressed to the Consular Section of the U.S. Embassy or Consulate in India. You may also contact the Office of Children's Issues, 2401 E Street, N.W., Room L127, Washington, D.C. 20037; Phone: (202) 736-7000; Fax: (202) 312-9743.

Information is also available 24 hours a day from several sources:

Telephone
Office of Children's Issues - Recorded information regarding changes in adoption procedures and general information, (202) 736-7000.

State Department Visa Office - Recorded information concerning immigrant visas for adoptive children, (202) 663-1225.

Immigration and Naturalization Service - Recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Automated Fax
Contains the full text of the office's international adoption information flyers and general information brochure, International Adoptions. From the telephone on your fax machine, call (202) 647-3000.

Internet
The Consular Affairs web site, at http://travel.state.gov contains international adoption information flyers and the International Adoptions brochure.

Other Information

Consular Information Sheets - published by the State Department and available for every country in the world, providing information such as the location of the U.S. Embassy, health conditions, political situations, and crime reports. The information is available 24 hours a day by calling the State Department's Office of Overseas Citizens Services at (202) 647-5225. The recordings are updated as new information becomes available, and are also accessible through the automated fax machine and the Internet web site, as above.