CHAPTER - IV
POST ADOPTION PROCESS
48. Post Adoption Follow-up:
(1) In case of In-country Adoption, half yearly progress reports in the first year and in the second year shall be prepared by the Specialised Adoption Agency and submitted to SARA or ACA.
(2) The format for the progress report shall as given in Schedule-XIV.
(3) The Special Adoption Agency may provide post-adoption counselling services for adoptees and adoptive parents.
(4) In case of Inter-country Adoption, the AFAA or CA or concerned Government Department of the receiving country, as the case may be, shall keep CARA and concerned RIPA informed about the progress of placement through quarterly post-placement reports during the first year and half yearly reports during the second year of the child’s arrival in the receiving country.
(5) The follow-up measures shall continue upto a period of two years after the child acquires citizenship of the receiving country.
(6) In cases of guardianship, the concerned RIPA shall file a copies of the progress reports including the adoption decree received from AFPA before the competent court that has issued the Guardianship Order.
(7) The AFFA shall also provide post adoption data to CARA through CARA’s web-based management system.
(8) The AFAA or CA shall organise annual get-together of adopted children and adoptive parents and forward a report on the event to CARA.
(9) The AFAA or CA may conduct post-adoption counselling for adoptees and adoptive parents.
49. Disruption and repatriation in case of In-country Adoption:
(1) In case of disruption during pre-adoption foster care, the child will be taken back by the adoption agency and a suitable rehabilitation plan for the child shall be worked out in consultation with SARA.
(2) In case of disruption after final court order, it shall be the responsibility of the concerned adoption agency to take suitable steps, including seeking order from the competent court, for rehabilitation of the child in consultation with SARA.
50. Disruption and repatriation in case of Inter-country Adoption:
(1) Rehabilitation efforts in cases which have been processed under the Guardianship and Wards Act 1890, where adoptions are yet to be finalized shall follow as laid down in this paragraph.
(2) As long as the child remains as a citizen of India and where the child is not legally adopted by the adoptive parents in the receiving State within two years from the date of order of the Court in India appointing the adoptive parents as guardians for any reason whatsoever, or at any time prior to the child being adopted and being conferred with the citizenship of the country of the adoptive parents or the AFAA finds that the child is unable to adjust to and settle down with guardians or that the proposed adoption is likely to fail or harm the health, well being or interests of the child, the AFAA which had processed the adoption of the child in the receiving State should immediately withdraw the child from the guardians and take the child in its custody or care or in the custody or care of the child protection department or authority of the receiving State.
(3) In case the AFAA withdraws a child from the guardian or adoptive parents, it shall promptly notify the Indian diplomatic mission, CARA and the concerned RIPA along with details regarding the status of the child and the legal liability of the guardians or adoptive parents.
(4) In such an event as mentioned in sub-paragraph (3), the AFFA,
(i) Shall place the child in alternate family care;
(ii) Shall not give its consent or No Objection to surrender or relinquish by the guardians, of guardianship of the adopted child and shall cause the guardians to make an application to the court in India that awarded guardianship;
(iii) Shall make an application within four months of the date of withdrawal of the child from the guardians for further directions from the court in India that had granted the guardianship after failing an application by the guardians.
(5) During the entire process as mentioned in sub-paragraph (4), the AFFA shall keep the concerned RIPA and CARA regularly informed on the development of the case.
(6) The CARA and RIPA shall constantly monitor every case under this paragraph till fresh orders are passed by the competent Indian court.
(7) Having regard in particular to the age and degree of maturity of the child, he or she shall be consulted and, where appropriate, his or her consent may also be obtained in relation to measures to be taken under this chapter.
(8) As far as possible, siblings should not be separated unless it is in their best interest.
51. Repatriation in cases processed under the Guardianship and Wards Act 1890 where adoptions are yet to be finalized. -
(1) On receiving information and report from AFAA on the disruption of guardianship of a child, CARA may, depending on circumstances, order the repatriation of the child to India.
(2) If CARA takes a decision that a child whose guardianship has failed is to be repatriated to India, the Indian Placement Agency shall file a petition before the competent Indian court for revocation of guardianship and for ordering repatriation and upon the competent court in India passing an order for the repatriation of the child, the AFAA shall bear the cost and responsibility for the repatriation to India of the child with or without his or her siblings.
(3) The legal formalities of the sending and receiving country shall be completed by the AFAA before repatriation of the child.
(4) The concerned AFAA shall contribute 5000 US$ (one time) before repatriating the child to India, which will be deposited in a public sector bank and the State Government or SARA shall be made custodian of the documents related to the deposit.
(5) The amount shall be made available to the child once he or she becomes a major.
(6) On receiving information of repatriation, CARA shall act expeditiously and contact the Indian agency, the concerned State Government (or State Adoption Resource Agency as and when it is constituted) and any other institution or authority for the purpose of the child’s care and rehabilitation.
(7) The concerned State Government and the Indian Placement Agency which had processed the case shall suggest rehabilitation plan to CARA which shall finalize an individual child care plan, including, the following:-
(i) Assistance in terms of guidance, counselling, medical and care facilities, education, shelter, rehabilitation and if necessary, vocational services;
(ii) Place of stay;
(iii) Safety and security needs of the child;
(iv) Supervision and periodic report;
(v) Possibility of rehabilitation in non-institutional care and after care if required.
(8) The CARA with the help of the RIPA and the State Government shall work out the modalities of rehabilitating the child.
(9) As far as rehabilitation of the child is concerned, the child shall be treated as a child in need of care and protection and facilities as provided under the Integrated Child Protection Scheme(ICPS) shall be made available to the child and the particular RIPA will be assigned the task to supervise the case and periodically report to the State Government or SARA or CARA.
Note: In the event of disruption of a finalized adoption, as the child would have become a citizen of the receiving country, the child shall accordingly receive care and rehabilitation through the child protection services of that country.
52. Root Search. -
(1) The right of the child to obtain information about his or her origins derives from the right to know his or her biological parents as provided for in Article 7(1) of the UN Convention on the Rights of the Child.
(2) The adoption agencies shall, therefore, facilitate root search by the adopted child, if the child desires to know his or her history but in doing so, the age and maturity of the child shall be taken into consideration.
(3) The child’s rights must also be balanced against the right of birth parents not to have their identity disclosed to the child.
(4) The right of adopted child should not infringe on the biological parents’ right to privacy.
(5) If the biological parent(s) have at the time of surrender of the child expressed their willingness, in writing, to be contacted by the child when he or she grows up, then all relevant information including identity and address of the parents shall be disclosed to the child but if the biological parent(s) have specifically requested anonymity, then only reasons and circumstances under which the surrender was effected can be disclosed.
(6) There may be situations where the biological parent(s) leave some articles etc. with the child during surrender process and such articles must be, to the extent possible, preserved by the adoption agency, to be handed over to the child when he or she comes for root search.
(7) A root search by a third party shall not be permitted and the concerned agencies or authorities shall not make public any information relating to biological parent(s), adoptive parents or adopted child.