India
Namaste! Welcome to our India Adoption Program. Across The World Adoptions (ATWA) is Hague accredited and we are recognized by the Indian Central Adoption Resource Authority (CARA) as an Enlisted Foreign Adoption Agency (EFAA).
ATWA keeps our program small and personable so that wait times are manageable. India is a Hague adoption country and all applicants will need to file an I-800A form with U.S. Citizenship and Immigration Services (CIS).
Applicants hoping to adopt eligible family members may pursue independent adoptions while also observing all U.S. Hague and CARA guidelines. Other than a home study for families in California, we regret that we are unable to assist most people with the adoptions of relatives in India.
Please read over these resources carefully – they provide a wealth of information:
The website of the U.S. Department of State on adopting from India, including the latest notices and alerts:
http://adoption.state.gov/country_information/country_specific_info.php?country-select=india
The website of the U.S. Embassy in New Delhi, India:
http://newdelhi.usembassy.gov/adoptions.html
The website of the Indian Central Adoption Resource Authority (CARA):
http://www.adoptionindia.nic.in/
The Children:
- The youngest children are identified for adoption by persons of Indian heritage and are around one year at the time of referral for international adoption.
- Children who are age 7 years+ or children of any age who have a special need (which could be minor and/or correctable) receive expedited referral and can also be identified for adoption by persons of non-Indian heritage.
- Gender preferences for younger children are not accepted and applicants should be prepared to adopt girls.
- Children are tested for HIV, hepatitis, syphilis and tuberculosis. Outside pediatric exams can be arranged at your expense before referral acceptance.
- Most younger children have been born to unwed mothers. Older children may come into care due to social stigma, poverty, neglect, abuse or loss of a parent.
Eligible Applicants:
- Married couples and single women. India does not permit adoptions by same-sex couples.
- If married, at least one spouse must be a U.S. citizen. Single women must be U.S. citizens.
- Married couples must demonstrate a stable relationship of at least 5 years, including a marriage of at least 3 years.
- If hoping to adopt a younger child, at least one spouse, or the single applicant, must have Overseas Citizen of India (OCI) status or be a Non-Resident Indian (NRI). Click here for OCI information: www.indianembassy.org/oci.php. You can begin the adoption process at the same time you apply for OCI status.
- Married applicants must have a combined age under 90 years to adopt infants and younger children. Each spouse must also be older than 30, but generally not older than 55. Single women must be between the ages of 30-45.
- Applicants hoping to adopt again from India must have completed adoption in the U.S. for any previous India guardianship cases.
- Some courts may have additional requirements.
Adoption Process:
- Undertake a home study by an agency licensed in your state of residence. ATWA does not accept home studies from independent social workers, even if permitted in your state.
- Complete adoption education during home study.
- Apply for I-800A approval from CIS.
- Prepare dossier of documents required by India.
- Wait for a referral from the adoption authorities in India. A wait of 9-12 months from the time of completed dossier is expected for younger children, but could be longer. OCI/NRI applicants are exempt from ACA clearance but must follow all other CARA guidelines.
- Families receive a medical report, social history and photos on the child. Background history before orphanage admission and birthparent information is generally not available.
- Accept referral and file I-800 with CIS.
- ATWA may be able to arrange a visit with the child at your additional expense, but only after I-800 approval.
- Adoption processing, including the No Objection Certificate (NOC) in India takes about 8-10 months and depends on the region where the child resides and the court. Holidays, changes of judges, strikes, the political climate, RIPA re-licensing, and CARA policy can all affect time frames.
- ATWA may be able to obtain updated information during this time but cannot guarantee the frequency of updates. Families are not encouraged to send their referred child anything other than a photo book. This is because the other children cannot share in these special gifts.
- A child’s legal status can be processed under the Hindu Adoption and Maintenance Act (HAMA), the Juvenile Justice Act (JJA) or the Guardianship and Ward Act (GAWA). Most of ATWA’s adoptions are processed as guardianships.
- Travel of about 10 days by the single parent or the married couple is required to pick up the child. The parent(s) will travel first to the child’s location.
- All visa processing is now done only at the U.S. embassy. Therefore parents should plan to exit India from New Delhi. Children over the age of two years are subject to special TB screening procedures which could result in delay. You may read about the TB protocols here: http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=india_1
- Complete post-placement as ordered by the court in India. A common court order is 4 times per year for the first 2 years and then twice per year for the next 3 years (5 years total). ATWA requires that at least 2 of these visits be through your adoption agency unless your state of residence requires more. CARA regulations provide for follow up reports with photos every 6 months for 2 years or until such time as the legal adoption is completed and U.S. citizenship is acquired. Post-placement requirements may vary or change.
- The guardianship must then result in a finalized adoption in your state of residence after your return to the U.S. You must also meet the post-placement requirements of your state. For example, California requires 4 visits with a social worker over at least a six month period before court finalization.
- Your child is a U.S. citizen after court finalization in the U.S. if given guardianship in India.
- Apply for Certificate of U.S. Citizenship.
Fees and Expenses:
Program fees encompass all professional services for the adoption. Additional expenses include the home study, CIS fees, document preparation, travel, U.S. visa fees and the cost of finalizing the adoption in the U.S as outlined on the Fees and Expenses Page of our agreement. A federal tax credit up to $13,170 is available to offset adoption fees and expenses after finalization.
Prospective adoptive parents may want to check out the website of the M. Night Shyamalan Foundation for a possible adoption grant: http://www.mnsfoundation.org/grants/applications.aspx
For more information, please contact Across The World Adoptions by phone: (925) 356-6260 or by email: adopt@atwakids.org. You may request more information filling out this form..
