Procedure for Adoption by Overseas Citizen of India (OCI) or a Foreigner Living in India (Non-Religious Law)

Last updated on Apr 8, 2022

Follow the steps given below to adopt a child if you are an Overseas Citizen of India (OCI) or a foreigner who is a habitual resident of India:(( Regulation 20, Adoption Regulations, 2017.)) 

 

Step 1: You should determine if you can adopt. You may adopt a child through this means only if you are an OCI or a foreign citizen who is a habitual resident of India (i.e. you live in India regularly). 

 

Step 2: You should register online on the website of Central Adoption Resource Authority (CARA) here. It will redirect you to Child Adoption Resource Information and Guidance System (CARINGS) where you will have to fill out your application.

 

Step 3: Along with your application, you should submit the required documents, which are:

  • Your photograph
  • PAN Card
  • Your proof of birth (in case of a married couple, the spouse’s proof of birth too)
  • Proof of residence (Aadhar card/ voter card/ passport/current electricity bill/telephone bill) 
  • Proof of income of last year (salary slip/income certificate issued by the government/income tax return) 
  • Certificate from a medical practitioner certifying that you do not suffer from any chronic, contagious or fatal disease and they are fit to adopt (in case of a married couple, the spouse’s Medical Certificate too) 
  • Marriage certificate/Divorce Decree/ Declaration from the Court or affidavit pertaining to divorce under personal law/Death certificate of spouse, if applicable.

 

Step 4: A home study will be conducted by the Specialised Adoption Agency (SAA), and depending on this, your application to adopt may be accepted  or rejected. The result will be uploaded on the CARINGS website.

 

Step 5:  If your application is accepted, on the basis of your seniority, three children will be referred to you by the SAA through the CARINGS. You may reserve one child for possible adoption within 48 hours, and a meeting will be fixed for matching you to the child and assessing suitability. This process will be completed within twenty days, and if you do not accept the child, your name will be moved to the bottom of the seniority list. 

 

Step 6: The SAA will follow-up on the adoption, and create a follow-up report every six months for two years. In case of any issues, counselling will be provided, and if there is an issue after adopting the child, the child  may be taken back and declared as legally free for adoption again for other prospective adoptive parents.

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Comments

Aditi Kiran

May 22, 2024

Is the information here still accurate? I am a citizen of India and have already completed steps 1-4. While I am in the queue, I am hoping to get a Canadian citizenship and OCI card to continue to live in India. I was told by my adoption agency that if my country of citizenship changes, I would have to start the process all over again from scratch. Can I still maintain my seniority while my citizenship status changes?

Alka Manral

September 3, 2024

No, you cannot maintain your seniority in the list of prospective adoptive parents (PAPs) if you change your citizenship status. This is because there is a different procedure for adoption by NRI/ Foreign nationals/ PIO/ OCI under S 59 of the Juvenile Justice Act and Adoption Regulations under it. The procedure and steps you have completed until now are for ‘in-country’ adoption which applies to citizens. Once you change your citizenship status and become a OCI card holder, the process under the law that will apply to you will be for ‘inter-country’ adoption. Hence, you will need to start from scratch again since your status in the eyes of law has changed. There will also be additional requirements such as getting a NOC (No-Objection Certificate) under the Hague Convention for Inter-Country adoptions, involvement of authorised foreign adoption agencies at the beginning of the process etc.

Sikha

December 7, 2024

No, you cannot maintain your seniority in the list of prospective adoptive parents (PAPs) if you change your citizenship status. This is because there is a different procedure for adoption by NRI/ Foreign nationals/ PIO/ OCI under S 59 of the Juvenile Justice Act and Adoption Regulations under it. The procedure and steps you have completed until now are for ‘in-country’ adoption which applies to citizens. Once you change your citizenship status and become a OCI card holder, the process under the law that will apply to you will be for ‘inter-country’ adoption. Hence, you will need to start from scratch again since your status in the eyes of law has changed. There will also be additional requirements such as getting a NOC (No-Objection Certificate) under the Hague Convention for Inter-Country adoptions, involvement of authorised foreign adoption agencies at the beginning of the process etc.

Chandra

September 27, 2024

Just wondering if any one knows about the current adoption fee for the agencies to be paid in the form of DD for OCI’s?

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