New Delhi: Government is set to notify new rules to enable NRIs and NRIs OCI Card holders who adopt under the Hindu Adoption and Maintenance Act 1956 (hama), to obtain a ‘No Objection’ certificate for taking the child with them to their place of residence.
will enable rules Central Adoption Resource Authority (CARA), which implements inter-country adoptions under the Juvenile Justice Act, Night Allowing a child adopted under HAMA to travel abroad with the adoptive parents. Also, NRI and OCI card holders will be considered as per the guidelines of the Ministry of Home Affairs.
The move follows much debate and consultation on bridging the gap and addressing this important concern as there is no mechanism for inter-country adoption under HAMA. Since adoptions under HAMA are not covered under the JJ system, CARA the sole authority for inter-country adoptions cannot yet grant an NOC, a mandatory requirement under the Hague Convention.
Due to this legal hurdle, NRI parents, who have adopted under HAMA, were unable to obtain NOC and had to approach the court for an order to take their child abroad. It is learned that not only does it take a long time to get a court order but the pending cases add to the worry of the parents. Only a Hindu, Buddhist, Jain or Sikh Can adopt under HAMA.
According to officials of the Ministry of Women and Child Development, the new rules will also address security concerns and the fear of trafficking under the guise of adoption, by prescribing a detailed verification process of the family and submitting a report on the same. To execute approval by the district authorities within one month as is done in case of adoption under JJ Act. Senior officials said the regulation would bridge the gap between the JJ Act and Hama in inter-country adoption.
In another regulation on domestic adoption, the ministry, based on the feedback from state governments, plans to make changes that will enable prospective adoptive parents registered with CARA to move from their home state and then nationally. Will give priority to adoption from anywhere. The states had highlighted this as the process of adoption allows parents to adopt from any state and children are at times far removed from their roots and cultural milieu. Also a change is proposed in the priority list for prospective adoptive parents in the waiting list, where NRIs and OCIs will be treated as equals in the same category.
will enable rules Central Adoption Resource Authority (CARA), which implements inter-country adoptions under the Juvenile Justice Act, Night Allowing a child adopted under HAMA to travel abroad with the adoptive parents. Also, NRI and OCI card holders will be considered as per the guidelines of the Ministry of Home Affairs.
The move follows much debate and consultation on bridging the gap and addressing this important concern as there is no mechanism for inter-country adoption under HAMA. Since adoptions under HAMA are not covered under the JJ system, CARA the sole authority for inter-country adoptions cannot yet grant an NOC, a mandatory requirement under the Hague Convention.
Due to this legal hurdle, NRI parents, who have adopted under HAMA, were unable to obtain NOC and had to approach the court for an order to take their child abroad. It is learned that not only does it take a long time to get a court order but the pending cases add to the worry of the parents. Only a Hindu, Buddhist, Jain or Sikh Can adopt under HAMA.
According to officials of the Ministry of Women and Child Development, the new rules will also address security concerns and the fear of trafficking under the guise of adoption, by prescribing a detailed verification process of the family and submitting a report on the same. To execute approval by the district authorities within one month as is done in case of adoption under JJ Act. Senior officials said the regulation would bridge the gap between the JJ Act and Hama in inter-country adoption.
In another regulation on domestic adoption, the ministry, based on the feedback from state governments, plans to make changes that will enable prospective adoptive parents registered with CARA to move from their home state and then nationally. Will give priority to adoption from anywhere. The states had highlighted this as the process of adoption allows parents to adopt from any state and children are at times far removed from their roots and cultural milieu. Also a change is proposed in the priority list for prospective adoptive parents in the waiting list, where NRIs and OCIs will be treated as equals in the same category.
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