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Listing with Authorities
4. 1 Every institution and child welfare agency engaged in care
and custody of children or in adoption work or any other activity related to
orphan, abandoned, destitute, neglected or relinquished children shall
immediately be listed by the concerned State Government and such list shall be
forwarded to CARA.
Only Recognized Agencies could undertake Adoption.
4. 2 (i) No agency shall engage in placement of or promotion of
in-country adoption unless the State Government recognizes it and in case of
agency engaged in placement work, it should be a child welfare agency. Any
Indian agency desirous of undertaking inter-country adoption work shall apply
for recognition to the Central Adoption Resource Agency, the State Government
concerned and only such agencies as are recognized by the Central Adoption
Resource Agency, shall be entitled to undertake inter-country adoption work.
Such agencies shall be termed "recognized placement agencies" of
adoption. The agencies, which are not doing placement work but are involved in
promotional work of Indian adoption, shall also be recognized by CARA.
(ii) No agencies except those recognized by the State Government
concerned shall engage in in-country adoption. Rules and guidelines for this
purpose may be formulated by the State Government.
Emphasis on Child Welfare
4.3 Only such voluntary agencies as are primarily engaged in
child welfare programs for the growth and development of children and which
undertake adoption as a part of their total activities may apply for
recognition for inter-country adoption to the Central Adoption Resource Agency.
List of Prospective Adoptive Parents
4.4 Every social child welfare organization recognized for
placement work in adoption shall regularly maintain a list of all prospective
adoptive parents containing their names, addresses and data on the basis of
which they have approached the organization for taking a child in adoption and
other relevant details.
Priority to In-country Adoption
4.5 When a recognized Indian agency receives a child its first
responsibility is to trace the biological parents and restore the child to them
failing which as far as possible to place the child in adoption with Indian
families. It would be desirable that an Indian recognized placement agency
should place annually more than 50 per cent of the total number of children
given in adoption with Indian families. However, the handicapped children,
children above 6 years of age and siblings will be excluded from this
calculation. The placement agencies are required to adhere the following order
of priority while considering the adoption of Indian children:
1. Indian families in India.
2. Indian families abroad.
3. One parent of Indian origin abroad.
4. Totally foreign.
Every recognized placement agency shall also give full details
of the child to the prospective adoptive parents except the names and addresses
of the biological parents, where known to the agency. It is only when all
efforts to place the child within the country fail then the child would be
cleared for inter-country adoption. These efforts should include contracting
the VCA within the area of operation. A clearance certificate should be taken
from VCA in this regard. Such clearance certificate shall be given by VCA. If
within 60 days from the date the application to VCA, VCA is unable to send
suitable Indian parents who are willing to take the child in adoption,
intimation of making of the application to VCA shall be given to the Central
Adoption Resource Agency forthwith. The Central Adoption Resource Agency will
prepare a uniform proforma for clearance certificate to be issued by all
voluntary coordinating agencies.
4.6 Adoption of Indian children placed with Indian living abroad
will be treated as in-country placement. However, such Indian would have to
follow the same procedure of sending their applications, documents etc. through
an enlisted foreign agency in that country as in the case of inter-country
adoption.
Record of Promotion Efforts
4.7 Every recognized agency shall keep a complete record in
chronological order of the efforts made by it for locating an Indian parent for
the adoption of a child and shall specifically note the reasons for any case of
non-placement of a child in in-country adoption with any particulars of Indian
parents.
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