NRILinks India

India Guidelines for Child Adoption

Case History

4.8 Every recognized Indian placement agency shall maintain a separate file for each child with the child's complete case history.

Quarterly Data to be furnished to Authorities

4.9 Every recognized Indian placement agency shall furnish quarterly data to the Government of the State in which the agency is operating and a quarterly statement to the Central Adoption Resource Agency, in such proforma as may be prescribed by Central Adoption Resource Agency in respect of children given to Indians and others for adoption from time to time.

Intake of Children

4.10 All children admitted by a recognized agency should be entered in the admission register with all the available information in the format prescribed by the Central Adoption Resource Agency.

4.11 In the case of an abandoned child not received through Juvenile Welfare Board/Juvenile Court as the case may be or through direct relinquishment by biological parents, a first information report (FIR) should be filed by the concerned agency in the local police station within 24 hours of arrival of the child at the recognized agency's children's home. The nearest Juvenile Welfare Board or where it does not operate, the Juvenile Court or the District Collector should also be notified within 24 hours of arrival of the child at the agency's children's home.

4.12 The recognized agency should ensure that medical examination of the child is conducted within 24 hours of its arrival and appropriate treatment given where necessary.

Surrender of a Child

4.13 In the case of surrender of a child, the biological parents/ parent should be counseled and duly informed by the agency concerned of the effect of their consent for adoption and the alternative available for the care and maintenance of the child.

4.14 The surrender document should be executed at the freewill of the biological parents/parent with no compulsion, payment or compensation of any kind on the part of the agency. If the biological parents state a preference for the religious up-bringing of the child, their wish should be respected as far as possible. But ultimately the interest of the child alone should be the sole guiding factor before the child is placed in adoption.

4.15 The parents/parent should be informed by the agency of his/her/their right to reclaim the child within 90 days from the date of surrender. He/She/They should be made aware that after the period of 90 days relinquishment deed will become irrevocable and the agency will be free to place the child in adoption or guardianship within or outside India.

4.16 Wherever possible the surrender document should be executed on stamped paper in the presence of two responsible witnesses whom the recognized agency should be able to produce, if necessity arises. The responsibility for the authenticity of the surrender document would be on the agency.

During the surrender process, the recognized Indian placement agency should ensure that:

(i) If a legitimate child is surrendered, both parents sign the relinquishment document and in case one of the parents is dead, proof of death is furnished.

(ii) In case of a child born out of wedlock the mother herself and none else, surrenders the child.

(iii) If the surrender is effected by any person other than the biological parents/parent, the same procedure is followed as for an abandoned child.

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