Overview
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What’s Involved in Adopting a Child From India?
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 agency recognized and listed by the Indian Government may make children available for adoption by foreigners.
Adoptive parents who are Hindu may complete the adoption of their child in India. In all other situations, the children leave India under the guardianship of the adoptive parents and the adoptions must be finalized in the United States.
At this time, parents adopting a child younger than three years old do not have to travel to bring their child home; instead, they may choose to have their child escorted to them in the U.S. If the child is over three years old, however, the parents must travel to India. As of this writing, the Indian government is debating this policy and may make travel mandatory for all international adoptions, regardless of the age of the child.
In a Nut Shell
Children Available: Healthy children, both girls and boys, age 18 months to 7 years. More girls are available than boys. Special needs and older children are also available for adoption from India.
Parent Requirements: Married couples, single women, and single men may adopt from India (single men can only adopt sons). Parents must be between 28 and 40 years old. Couples must be married at least 2 years. Couples must have no more than two children at home; single parents must have no more than one child at home.
Travel Requirements: Travel is optional, and escorts are available for adopted children. (However, travel to the country of your child’s birth is strongly recommended.) If the child is over three years old, the parents are required to travel to India.
Time Frame: From the time of initial application until you bring your child home averages 13 months.
Number of Children Adopted by Americans in 2004: 406
Additional Information: The children available for adoption from India live in orphanages. Post placement reports and supervision are required for five years.
Credits: The International Adoption Guidebook, © Mary M. Strickert
