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India Guidelines for Child Adoption

The following are the broad procedure to be followed by the VCA

7. 10 (a) All member agencies must submit a list of children and prospective adoptive parents on a monthly basis to the VCA.

(b) When an agency wishes to place a child in foreign adoption it must check with the VCA to ascertain whether there is any Indian parent willing to take the child in adoption.

(c) The period of 30 days provided for in the Supreme Court Judgment for trying to place a child with Indian parents has been found to be inadequate and this should be extended to 60 days from the date when VCA assistance is sought to locate an Indian family. This procedure may be adopted during the period of 5 weeks within which CARA is required to give a final clearance.

(d) The time frame for VCA to find a placement in India will be 60 days as provided in clause (c) above and only after that, an inter-country placement may be processed.

(e) If there is difference between the placement agency and VCA in regard to the clearance of a child for inter-country adoption, the placement agency concerned may refer the cases to CARA. In such cases, CARA will decide whether to give the clearance of the child or not. The decision of CARA shall be final.

Criteria for Recognition

7. 11 In order to be recognized as VCA, an agency must fulfil the following criteria:-

(i) It should be a society registered under the Societies Registration Act, 1860.

(ii) The agency must be recommended by the State Government concerned for recognition by CARA.

(iii) The agency should run on a non-commercial and non profitable basis.

(iv) Its office-bearers at item (d) and (e) in paragraph 7.8 shall be from recognized placement agencies which have given children in in-country adoption to the extent of 50% or more of the total number of children given in the adoption in a year after excluding handicapped children, siblings and children above 6 years of age.

(v) All the office-bearers should be Indian nationals. The initial recognition of VCA shall be for a period of 3 years.

Renewal of Recognition

7.12 A VCA which seeks renewal of recognition should apply to CARA through the State Government for renewal of recognition six months prior to the date of expiry of the previous recognition. The following would be the main criteria for renewal of recognition.

(i) Satisfactory performance in the promotion of in-country adoptions.

(ii) Timely submission of reports and returns as may be specified by CARA.

Withdrawal of Recognition

7.13 Recognition of a VCA may be withdrawn by CARA on receipt of a report from the State Government regarding unsatisfactory performance, after giving the VCA an opportunity to explain its position. The VCAs should play positive role in bringing greater coordination among all the placement agencies working in the area of their operation. Any malpractice, if proved, would immediately invite action in the shape of de-recognition. Delay and non-compliance in the submission of reports/returns asked for by the State Government or CARA may also be a ground for withdrawal of recognition.

7.14 VCA should conduct the quarterly meetings attended by all the members entitled and eligible to attend the meetings and discuss all matters relating to adoption. The minutes of the meetings should be sent to CARA by the concerned VCA.

Finance of VCA

7.15 The Government of India in the Ministry of Welfare would give grant-in-aid to VCA upto 90% of the cost as per prescribed norms.

Existing VCAs

7.16 The existing VCAs shall stand superseded as soon as VCAs are constituted in accordance with these guidelines for the area of operation of the existing VCAs.

7.17 If in any area there is only one recognized placement agency, it shall be entitled to become a member of VCA operating in the most adjacent area.

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