hama: Govt set to ease rules to enable NRI, OCI card holders to take their adopted child to country of residence | India News

NEW DELHI: The government is set to notify new regulations to enable NRI and OCI card holders, who adopt under the Hindu Adoption and Maintenance Act 1956 (HAMA), to get a ‘no-objection’ certificate to take the child with them to their country of residence.
The regulations will enable the Central Adoption Resources Authority (CARA), which executes inter-country adoptions under the Juvenile Justice Act, to give the NOC to allow the child adopted under HAMA to go abroad with the adoptive parents. Also NRI and OCI card holders will be treated at par in line with the home ministry guidelines.
The move follows much debate and consultations over bridging the gaps and address this critical 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 only authority for inter-country adoptions could not give an NOC as of now, a mandatory requisite under the Hague Convention.
Due to this legal hurdle, NRI parents who have adopted under HAMA were unable to get an NOC and had to go to court to seek orders to take their child abroad. It is learnt that not only getting court orders takes long but pending cases add to the concerns of the parents. Only a Hindu, Buddhist, Jain or Sikh can adopt under HAMA.
According to officials in the women and child development ministry, the new regulations will also address the security concerns and fear of trafficking in the garb of adoption, by setting out a detailed verification process of the family and a report on the same would be furnished to CARA within a month by the district authorities to execute the approval as is done in the case of adoptions under the JJ Act. Senior officials said this regulation will bridge the gap between JJ Act and HAMA in inter-country adoptions.
In another regulation in the works linked to domestic adoptions, the ministry, based on feedback from state governments, plans to make changes that will allow prospective adoptive parents registered with CARA the preference to adopt from their home state and then from anywhere nationally. The states had highlighted this since the adoption process allows parents to adopt from any state and children at times get far removed from their roots and cultural milieu. Also a change is proposed in the priority list for prospective adoptive parents in waiting list where NRIs and OCIs will be treated at par in the same category.

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