Adoption Process3-orphan or abandoned child

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(1)        The pro­vi­sions relat­ing to the process of declar­ing an orphan or aban­doned child, as legal­ly free for adop­tion are laid down in sec­tions 32, 33, 39 and 41 of the Act as well as under the rel­e­vant pro­vi­sions of the rules made there­un­der.

(2)       In case an aban­doned child is received by a spe­cialised adop­tion agen­cy direct­ly with­out the involve­ment of Child Wel­fare Com­mit­tee, such a child shall be pro­duced before the Child Wel­fare Com­mit­tee with­in twen­ty four hours (exclud­ing the time nec­es­sary for the jour­ney) along with a report con­tain­ing the par­tic­u­lars and pho­tograph  of the child as well as  the cir­cum­stances in which the child was received and a copy of such report shall also be sub­mit­ted by the spe­cialised adop­tion agen­cy to the local police sta­tion with­in same peri­od.

(3)       The Child Wel­fare Com­mit­tee shall issue an order for the inter­im care of the child, pend­ing inquiry as per the rel­e­vant pro­vi­sions of the Act and the rules made there­un­der.

(4)     On admis­sion of the child, his details and pho­tograph shall be entered online in the Child Adop­tion Resource Infor­ma­tion and Guid­ance Sys­tem in the pre­scribed for­mat by the spe­cialised adop­tion agen­cy with­in sev­en­ty two hours of receiv­ing the child, pro­vid­ed that the per­mis­sion of Child Wel­fare Com­mit­tee is obtained for the same and the pho­tograph of the child shall be changed by the spe­cialised adop­tion agen­cy every six months in Child Adop­tion Resource Infor­ma­tion and Guid­ance Sys­tem.

(5)     For trac­ing out the bio­log­i­cal par­ents or the legal guardian(s), the Dis­trict Child Pro­tec­tion Unit shall adver­tise the par­tic­u­lars and pho­tograph of an aban­doned child in a State lev­el news­pa­per with wide cir­cu­la­tion with­in sev­en­ty two hours from the time of receiv­ing the child.

(6)     In case of trans­ferred child from oth­er States, adver­tise­ment should be released in the place where the child was ini­tial­ly found.

(7)     Wherever, Dis­trict Child Pro­tec­tion Unit is not func­tion­al, the con­cerned Dis­trict Mag­is­trate shall get such adver­tise­ment issued.

(8)     The expen­di­ture for the adver­tise­ment can be met from funds of Inte­grat­ed Child Pro­tec­tion Scheme.

(9)     In case the bio­log­i­cal par­ents or legal guardian can­not be traced, despite the efforts men­tioned in sub-para­graphs (1) and (2), the Dis­trict Child Pro­tec­tion Unit shall, accord­ing­ly, sub­mit a report to the Child Wel­fare Com­mit­tee with­in thir­ty days from the date of pro­duc­tion of the child before the Child Wel­fare Com­mit­tee.

(10)   The spe­cialised adop­tion agen­cy shall sub­mit a report to the Child Wel­fare Com­mit­tee imme­di­ate­ly after thir­ty days from the date of pro­duc­tion of the child before the Child Wel­fare Com­mit­tee as to whether any per­son has approached it to claim the child and the report may also include any infor­ma­tion revealed by the child dur­ing his inter­im care.

(11)   In case the report from the local police regard­ing the non-trace­abil­i­ty of the bio­log­i­cal par­ents or legal guardian is not sub­mit­ted despite reminders by the spe­cialised adop­tion agen­cy or Child Wel­fare Com­mit­tee, such report shall be deemed to have been given, after expiry of two months in the case of an aban­doned child less than two years of age and after the expiry of four months in the case of an aban­doned child above two years of age.

(12)   The Child Wel­fare Com­mit­tee, after tak­ing actions as per the pro­vi­sions of the Act and the rules made there­un­der, shall issue an order declar­ing the aban­doned or orphan child as legal­ly free for adop­tion in the for­mat at Sched­ule- 1 on http://cara.nic.in and such order signed by any two mem­bers of the Child Wel­fare Com­mit­tee shall be issued with­in a peri­od of two months in case of a child upto two years of age and with­in four months for a child above two years of age, from the date of pro­duc­tion of the child before the Child Wel­fare Com­mit­tee.

(13)   The inquiry under sec­tion 33 of the Act and the order declar­ing an aban­doned or orphan child as legal­ly free for adop­tion by the Child Wel­fare Com­mit­tee under sub-sec­tion 4 of  sec­tion 41 of the Act shall be com­plet­ed in the dis­trict where the child was ini­tial­ly found.

(14)   The child study report and med­ical exam­i­na­tion report of an orphan or aban­doned child shall be pre­pared in the for­mat atSched­ule 2 and 3 respec­tive­ly on http://cara.nic.in and post­ed in the Child Adop­tion Resource Infor­ma­tion and Guid­ance Sys­tem by the spe­cialised adop­tion agen­cy with­in ten days from the date the child is declared legal­ly free for adop­tion.

(15)   The child study report and med­ical exam­i­na­tion report shall be made avail­able in Eng­lish (apart from the local lan­guage).

(16)   The Dis­trict Child Pro­tec­tion Unit shall facil­i­tate the spe­cialised adop­tion agen­cy in upload­ing the child study report and med­ical exam­i­na­tion report in Child Adop­tion Resource Infor­ma­tion and Guid­ance Sys­tem, in case the spe­cialised adop­tion agen­cy is fac­ing any tech­ni­cal dif­fi­cul­ty.

(17)   The pro­ce­dure for declar­ing a child of par­ents with men­tal dis­abil­i­ty as legal­ly free for adop­tion by the Child Wel­fare Com­mit­tee shall be on the basis of a report of the med­ical board con­sti­tut­ed by the Dis­trict Mag­is­trate.

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Dis­claimer: Please cross-check all infor­ma­tion given with a lawyer expe­ri­enced with adop­tion mat­ters and with your agen­cy, since adop­tion laws, guide­li­nes and pro­ce­dures change peri­od­i­cal­ly. It is also use­ful to get in touch with a par­ent who has recent­ly adopt­ed from that par­tic­u­lar state or agen­cy. Infor­ma­tion pro­vid­ed above source http://cara.nic.in/ 

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