6. 1 A foreign social/child welfare agency desirous of sponsoring applications of foreign adoptive parents for adopting an Indian child shall make an application for enlistment with CARA in the office of India's Diplomatic Mission in that country and only such foreign agencies enlisted for this purpose by CARA shall undertake this activity.

6.2 The criteria for enlistment of foreign agencies by CARA for the purpose of inter-country adoption are as under:-

(i) It shall be either a part of the Government of the country or a duly registered voluntary agency registered under the, relevant law of the concerned country and should be recognized by the appropriate authority of that country.

(ii) It shall be a child welfare agency having an established standing in this field and it must be staffed with qualified social workers who have experience in the filed of adoption.

(iii) The agency in question shall be run on non-commercial and non-profitable basis. The foreign agency should be asked to submit a report and audited statement of accounts of their operations in India.

(iv) An undertaking by the enlisted foreign agency that in case of disruption of the foreigner's family before adoption is effected or in case the child is not properly looked after or is mal-treated or abused in the adoptive family, it will take care of the child under intimation to the Indian Diplomatic Mission, the Central Adoption Resource Agency, Ministry of Welfare and the concerned Indian recognized placement agency and try to find suitable alternative placement for the child with the concurrence of the recognized placement agency which processed the case and report such alternative placement to the Indian Court which made the order for guardianship and also to CARA.

(v) The Head/Chief Executive of the Organization should be willing to sign a written undertaking to follow the guidelines laid down by the CARA for observance by the enlisted foreign agencies. The enlisted foreign agencies should send to CARA a list of the Indian agencies with whom they have contacts and working relations or with whom they prepare to have working relations or with whom they prepare to have working relationship.

Procedure for Enlistment

6.3 (i) A foreign social/child welfare agency desirous of sponsoring applications of foreign adoptive parents for adopting Indian children shall apply for enlistment by CARA, through the office of India's Diplomatic Mission and the Government of the country where it is located.

(ii) On the recommendation of India's Diplomatic Mission in the country concerned, CARA shall examine the application and consider the agency concerned for recognition provided it fulfils the criteria stated in paragraph 6.2 above.

Renewal of Enlistment

6.4 (i) A foreign agency engaged in inter-country adoption would be enlisted by CARA initially for a period of five years. Enlistment would be renewable for five years at a time in case of satisfactory performance subject to conditions laid down in these guidelines.

(ii) CARA will take the following factors into consideration while granting renewal of enlistment provided an application for renewal is received through the proper channel at least six months before the expiry of the previous recognition.

(a) Whether the agency is still recognized by the appropriate authority of the country in which it is based.

(b) Whether the agency has been regular in the submission of progress reports of the children placed by them in adoption.

(c) Whether the general performance of the agency is satisfactory and whether the children placed by them are making satisfactory progress.

(d) Whether Government of India's Diplomatic Mission in the country concerned has recommended the case for renewal.

Renewal of enlistment may, however, be denied at the discretion of CARA for valid or legitimate reasons but CARA shall not be bound to disclose such reasons.