The Ministry of Women and Child Development has directed the central body for adoption, CARA, to fabricate procedures under HAMA to cut off delays in inter-country adoption.
To your interest, HAMA (Hindu Adoptions and Maintenance Act) has no previous regulations for inter-country adoptions. A senior official, on condition of anonymity, told ANI that the Women and Child Development ministry told CARA to come up with regulations under HAMA on how inter-country adoption can take place.
CARA will permit a no-objectionable certificate (NOC) soon after it receives a recommendation from the official authority. It will facilitate Overseas Indians (OCIs), Non-Residents Indian (NRIs) residing outside India who adopted a child under HAMA, 1956 in getting the passport/visa of the child.
Previously, prospective parents who wish to relocate abroad with their adopted child within the mandated two years period were required to stay in India compulsorily for the framed time period for post-adoption follow-up. But with the implementation of new legislation, they would be allowed to move to any country without any trouble of the mandatory two-year period stay.
They, however, need to provide full contact details at the Indian Diplomatic Missions of the recipient country, who will take care of the post-adoption follow-up.
As per the new guidelines, District Magistrate or Deputy Commissioners are given the authority to issue NOC to adoptive parents wishing to move abroad. Such guidelines are in consent with Hague Convention under Article 37, stated official data.
Officials also assured that the new guidelines will also fill the void between the Hindu Adoption and Mediation Act (HAMA) and Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act).
“Parents are facing issues of birth certificate, passport and they have no option other than going to Court for getting NOCs. In the new guidelines, a format has been made to get NOC from DM within one month. DM has to give NOC in one month’s time. For the adoption process overseas, missions will also be engaged.”
“The Ministry is also going to frame a rule for the formation of the Child Welfare Committee (CWC). Police verification of CWC will be made mandatory. Only those members will be eligible for the CWC who have not any case registered against him. Qualification is also going to be a criterion for eligibility for CWC members. Background checks of child care institutions will also be made mandatory. DM will be given the power to appoint new members in case any member is inactive and not participating in meetings etc,” the official said, as quoted by the ANI.