INTERNATIONAL ADOPTION

INDIA

April 1998

DISCLAIMER: INFORMATION IN THIS CIRCULAR RELATING TO THE LEGAL REQUIREMENTS OF SPECIFIC FOREIGN COUNTRIES IS PROVIDED FOR GENERAL INFORMATION ONLY. QUESTIONS INVOLVING INTERPRETATION OF SPECIFIC FOREIGN LAWS SHOULD BE ADDRESSED TO FOREIGN COUNSEL.

BEFORE YOU LEAVE THE U.S.

U.S. immigration and visa laws provide for advance approval of an adoption petition on Form I-600A by the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) office that has jurisdiction over your place of domicile. This form may be filed before you locate a specific child for adoption. Taking this step generally reduces the amount of time adoptive parents must wait to bring the child to the United States after a particular child is chosen.

You may obtain additional information from your local office of BCIS. The telephone number of that office should appear in the U.S. Government section (blue pages) of your telephone directory.

COMPLYING WITH INDIAN LAW

Hindus may adopt a child pursuant to the Hindu Adoptions and Maintenance Act LXXVIII of 1956.

Indian law has no provisions for foreigners to adopt Indian children, but under the Guardian and Wards Act of 1890, foreigners may petition an Indian District Court for legal custody of a child to be taken abroad for adoption. Following a 1984 Indian Supreme Court decision, non-Indians are required to work through an adoption agency in their home country that is licensed in accordance with local law and appears on a list of agencies approved by the Indian government. Only an Indian agency recognized and listed by the Indian Government may make children available for adoption by foreigners. The list of U.S. and Indian agencies authorized by India to handle inter-country adoptions is enclosed.

You may wish to contact an Indian attorney to assist you in obtaining custody. Lists of attorneys practicing in India are attached.

FILING AN ADOPTION PETITION WITH THE BCIS

The I-600A petition, which established the eligibility of the parents to adopt a child abroad, is generally filed with the BCIS in the U.S. The following documents are required:

(a) Fingerprints of petitioner (and spouse, if married);
(b) Home study documents from an authorized agency in the U.S. where the child will be adopted;
(c) Proof of petitioners' U.S. citizenship (passport or birth certificate);
(d) Evidence of financial support;
(e) Payment of the filing fee.

Once the child has been identified, the I-600 can be filed either with the domestic BCIS officer where the I-660A (if any) was filed, or the I-600 petition can be filed with the BCIS in New Delhi. The following documents are generally required for filing an I-600 petition:

(a) Court order regarding legal custody of the child;
(b) Evidence that the child is an orphan;
(c) Birth certificate of the child;
(d) Two photographs of the child;
(e) Payment of required fees.

OBTAINING THE CHILD'S IMMIGRANT VISA

Once the petition has been approved by BCIS and forwarded to the consular section at the U.S. Embassy or Consulate, the adopted child must apply for an immigrant visa. The child must appear in person, but there is no requirement that the adoptive parent(s) appear as well. Often someone from the child welfare agency will bring the child to the consular section for the visa and subsequently accompany the child to the U.S.

The following documents are generally required for issuance of an immigrant visa:

1) A copy of the court order granting legal custody of the child;
2) Medical examination of the child from one of the physicians on the Embassy or Consulate's panel;
3) Child's birth certificate;
4) Application fee and visa fee; rupee demand drafts (bank checks) are preferred, but cash or travelers checks in either dollars or the equivalent amount in rupees are accepted.
5) Indian passport for the child.

AFTER THE CHILD ARRIVES IN THE U.S.

The actual adoption of the child will take place in the U.S., according to the laws of the state in which you are domiciled. Each state has its own laws governing adoption of children. Your stateside adoption agency or local child welfare bureau can help you with this final step.

Orphan Petition Procedures at a Glance:

FASTEST WAY

How to Start

1. File advance processing application before orphan is known.
2. Find an orphan to adopt.
3. Then file orphan petition in behalf of orphan.

FORMS AND DOCUMENTS

ADVANCE PROCESSING

1. Form 1-600 A, Application for Advance Processing of Orphan Petition.
2. The fingerprints of each prospective adoptive parent on form FD-258.
3. Proof of the prospective petitioner's United States citizenship.
4. Proof of the marriage of the prospective petitioner, and spouse, if married.
5. Proof of termination of any prior marriages of the prospective petitioner and spouse or unmarried prospective petitioner, if applicable.
6. A favorably recommended home study.
7. Filing fee.

Orphan Petition

1. Form 1-600, Petition to Classify orphan as an immediate relative.
2. Proof of orphan's age.
3. Death certificate(s) of the orphan's parent(s), if applicable.
4. A) Proof that the orphan's sole or surviving parent cannot give the orphan proper care and has, in writing, forever or irrevocably released the orphan for emigration and adoption, if the orphan has only one parent; or
B) Proof that the orphan has been unconditionally abandoned to an orphanage, if the orphan is in an orphanage. (Usually in the form of an affidavit from the In-charge of the orphanage attesting to the date/place of birth of the child and the fact that the child was abandoned to their organization.)
5. A court order. A) For Hindu petitioners, a court order granting them the permission to adopt the child. The order requires them to execute and register an adoption deed within 7 days of the order. The deed must be registered with the Office of Sub-registrar. (Usually a copy of the deed with proof of fees paid will suffice). B) For Non-Hindus, a court order granting them the legal custody of the child.
6. Proof that the pre-adoption requirements, if any, of the state of the orphan's proposed residence have been met, if the orphan is to be adopted in the United States.

THE OTHER WAY

How to Start

1. Find an orphan to adopt.
2. File orphan petition on behalf of orphan.

FORMS AND DOCUMENTS

1. Form I-600, Petition to Classify Orphan as an immediate relative.
2. The fingerprints of each prospective adoptive parent on form FD-258.
3. Proof of the prospective petitioner's United States citizenship.
4. Proof of the marriage of the prospective petitioner, and spouse, if married.
5. Proof of termination of any prior marriages of the prospective petitioner and spouse or unmarried prospective petitioner, if applicable.
6. A favorably recommended home study.
7. Filing fee.
8. Proof of orphan's age.
9. Evidence the child is an orphan through: A) Death certificate(s) of the orphan's parent(s), if applicable; or,
B) Proof that the orphan's sole or surviving parent cannot give the orphan proper care and has, in writing, forever or irrevocably released the orphan for emigration and adoption, if the orphan has only one parent; or,
C) Proof that the orphan has been unconditionally abandoned to an orphanage, if the orphan is in an orphanage. (Usually in form of an affidavit from the In-charge of the orphanage attesting the date/place of birth of the child and the fact that the child was abandoned to their organization); or,
D) Certificate of abandonment issued by the Juvenile board.
10. A court order. A) For Hindu petitioners, a Court order granting them permission to adopt the child. The order requires them to execute and register an adoption deed within 7 days of the order. The deed must be registered with the Office of Sub-registrar. (Usually a copy of the deed with proof of fees paid will suffice). B) For Non-Hindus, a court order granting them the legal custody of the child.
11. Proof that the pre-adoption requirements, if any, of the state of the orphan's proposed residence have been met, if the orphan is to be adopted in the United States. Please note that while a Hindu adoption may be final and legal if conducted by proxy on the part of one or both adoptive parents, it is not considered a full adoption for U.S. immigration purposes. The child will be issued an IR-4 visa, which requires a re-adoption in the U.S. Therefore, evidence that re-adoption is legal in the state of expected residence and a declaration of intent by adopting parents that they will re-adopt the child will also be required of parents who have adopted under Hindu law.

QUESTIONS: Specific questions regarding adoption in India may be addressed to the Consular Section of the U.S. Embassy or Consulate in India. You may also contact the Office of Children's Issues, SA-29, 2201 C Street, NW, U.S. Department of State, Washington, DC 20520-2818; Phone: 1-888-407-4747; Fax: (202) 312-9743.

Information is also available 24 hours a day from several sources:

Telephone

Office of Children's Issues - Recorded information regarding changes in adoption procedures and general information, 1-888-407-4747.

State Department Visa Office - Recorded information concerning immigrant visas for adoptive children, (202) 663-1225.

Bureau of Citizenship and Immigration Services in the Department of Homeland Security - Recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Internet

The Consular Affairs web site, at http://travel.state.gov contains international adoption information flyers and the International Adoptions brochure.

Other Information

Consular Information Sheets - published by the State Department and available for every country in the world, providing information such as the location of the U.S. Embassy, health conditions, political situations, and crime reports. The information is available 24 hours a day by calling the State Department's Office of Overseas Citizens Services at (202) 647-5225.

Adoption Unlimited, Inc.
4724 B Cooks,
Montclair, CA 91710

Lutheran Service Society of
Western Pennsylvania, Inc.
11 Garden Center Drive
Greensburg, PA 15601

Bensenville Home Society
331 South York Road
Bensenville, IL 60106

Vermont Children's Aid Society, Inc.
79 Weaver Street
Winooski, VT 05404

Family Connection
1528 Oakdale Road
Modesto, CA 95355

F.C.V.N.
Friends of Children of Various Nations Inc.
1756 High Street
Denver, CO 80218

Dillon Children's Services, Inc.
7615 E. 63rd Place South
Tulsa, OK 74133

Adoption Serv. Information Agency, Inc.
7720 Alaska Avenue, NW
Washington, DC 20012

Thursday's Child Inc.
227 Tunxi Avenue
Bloomfield, CT 06002

Hillcrest Family Services
1727 First Avenue, SE
Cedar Rapids, IA 52402

Children's Homes, Inc.
209 Slicer Street
PO Box 725
Kennett, MO 63857

Catholic Charities of the Diocese of Arlington, Inc.
Family and Children Services
5294 Lyngate Court
Burke, VA 22015

Fundacion Ascencio-Pine
PO Box 8225
Horseshoe Bay, TX 78654

Bal Jagat Children's World
9311 Farralone Avenue
Chatsworth, CA 91311

Children's Adoption Resource Exchange
1039 Evarts Street, NE
Washington, DC 20017

Catholic Social Services
140 North Fifth Street
Hamilton, OH 45011

Lutheran Family and Children's
Services of Missouri
4625 Lindell Boulevard, Suite 501
St. Louis, MO 63108

Sunny Ridge Family Center
2 S 425 Orchard Road
Wheaton, IL 60187

Catholic Social Services
2045 Lawton Street
San Francisco, CA 94122

Counseling and Family Services
182 North Knoxville Avenue
Peoria, IL 61603

Bethany Christian Services, Inc.
901 Easter Avenue, NE
Grand Rapids MI 49503

Bay Area Adoption Service, Inc.
PO Box 2617
465 Fairchild Drive
Mountain View, CA 94043

Partners for Adoption
927 Cherry Street
PO Box 2791
Santa Rosa, CA 95405

Colorado Adoption Services
3333 Quebec, Suite 4030
Denver, CO 80207

Adoption Services International
4737 Ortega Street
Ventura, CA 93003

Aid for Children International
PO Box 698
1516 Ridge Road
Lancaster, PA 17603

Accept and Adoption and Counseling Center
No. 543 Byron St.
Palo Alto, CA 74301

Christian Counseling Services
515 Wood Land Street
PO Box 60383
Nashville, TN 37206

Pauquette Children's Services
315 W. Conant Street
P.O. Box 162
Portage, WI 53901-0162

Children's Services International Inc.
Suite 318, 1819 Peachtree Road NE
Atlanta, GA 30309-1847

Children's Aid Society of Utah
652 26th Street
Ogden, UT 84401

Lutheran Social Services of Texas, Inc.
PO Box 40589
Austin, TX 78765

Family Counseling Clinic, Inc.
19300 West Highway 120
Greyslike, IL 60030

Lutheran Child and Family Services
7620 Madison Street
PO Box 78
River Forest, IL 60305

The Berkshire Center for Families and Children
472 West Street
Pittsfield, MA 01201

Holy Cross Child Placement Agency, Inc.
1915 Street, NW, Suite 500
Washington, DC 20006

Maine Adoption Placement Service International
565 Congress Street Suite 206
Portland, ME 04101

Williams-Illien Adoptions Inc.
3439 Venson Drive
Memphis, TN 38135

West Sands Adoptions Counseling
461 East North
Provo, UT 84604

Evangelical Child & Family Agency
1530 N. Main Street
Wheaton, IL 60187

The Adoption Center Inc.
836 Lake Howell Road
Mainland, FL

Los Ninos Children's
International Adoption Center
1600 Lake Front Circle, Suite 130
The Woodlands, TX 77380-3600

Hope for Children, Inc.
1511 Johnson Ferry Road
Suite 100
Marietta, GA 30062

Cascade International
Children Services
3439 NE Sandy Blvd., #1333
Portland, OR 97323

The American Adoption Agency
1228 M. Street, NW Second Floor
Washington, DC 20005

Love Basket, Inc.
Frank R. Block ACSW/LCSW
4472 Goldman Road
MO 63050

Children's House International
PO Box 2321
Salt Lake City, UT 84110

Travellers and Immigrants Aid of Chicago
327 So. La Salle Street
Chicago, IL

Adoption Advocates International
136 Black Diamond Road
Port Angeles, WA 98362

Wide Horizons for Children, Inc.
282 Moody Street
Waltham, MA 02154

The Family Network, Inc.
9378 Olive Street Road
Suite 320
St. Louis, MO 63132

Adoption Services of WACAP
PO Box 88948
543 Industry Drive
Seattle, WA 98188

Children's Home Society of Minnesota
2230 Como Avenue
St. Paul, MN 55108

The Alliance for Children
110 Leader Street
Wellesley, MA 02181

Work Adoption Services, Inc.
49 Lenington Street
Newton, MA 02165

Hope Adoption and Family Services International, Inc.
421 So. Main
Stillwater, MN 55082

Rainbow House International
19676 HighWay 85
Belen, NM 87002

Association Catholic Charities, Inc.
Archdiocese of Baltimore
320 Cathedral Street
Baltimore, MD 21201

Plan Loving Adoption Now
PO Box 667
Mc Minnville, OR 97128

The United Methodist Children's Home
PO Box 68
Worthington, OH 43085

Crossroads
4640 West 77th Street
Suite 179
Minneapolis, MN 55435

Adoption Horizons
PO Box 247
Arcata, CA 95521

Holt International Children's Services
PO Box 2880
Eugene, OR 97402

Americans for International Aid and Adoption
877 S. Adam, Suite 106
Birmingham, MI 48011

All God's Children Inc.
PO Box 37637
Phoenix, AZ 85069

Catholic Social Services
22 North 17th St.
Philadelphia, PA 19103

Lutheran Social Services of Central Ohio
57 E. Main St.
Columbus, OH 43215

Montana Intercountry Adoption, Inc.
26 W. Babcock
Bozeman, MT 59715

Welcome House Social Services of the Pearl S. Buck Foundation, Inc.
24 Beulah Rd, PO Box 836
Doylestown, PA 19901

International Families, Inc.
5 Thomas Circle NW
Washington, DC 20005

List of Indian Social/Child Welfare Agencies Recognized by Government of India. Territory/Territories for which this Recognition is Valid is/are Given Against Their Names