Child Adoption Resource Information and Guidance System
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RECOGNITION, INSPECTION AND FUNCTION OF ADOPTION AGENCIES
30. Functions of Authorised Foreign Adoption Agency.- The Authorised Foreign Adoption Agency shall perform the following functions, namely:-
(1) register the prospective adoptive parents interested to adopt children from India and to complete their Home Study Report expeditiously;
(2) upload attested copies of the adoption application of the prospective adoptive parents in the Child Adoption Resource Information and Guidance System and forward the original of the same to the allotted Specialised Adoption Agency;
(3) follow-up with Specialised Adoption Agency for ensuring early adoption after receipt of No Objection Certificate for the adoption from the Authority;
(4) give orientation to the prospective adoptive parents on culture, language and food of the place to which the adopted child belongs;
(5) ensure the submission of post-adoption follow-up of the progress of adopted children and to address the cases of disruption, as specified in regulation 19;
(6) arrange get-togethers of children of Indian origin and their adoptive families from time to time with the involvement of the Indian diplomatic mission concerned;
(7) facilitate root search by older adoptees; and
(8) fulfill the legal requirements of the host country as well as the terms and conditions of the authorisation given by the Authority.
31. Criteria and procedure for authorisation of foreign agencies.- (1) A foreign adoption agency desirous of sponsoring applications of foreign adoptive parents for adopting an Indian child shall make an application to the Authority along with the recommendation of the Central Authority or Government department concerned of that country, through the Indian diplomatic mission.
(2) The authorisation to foreign adoption agency may be given by the Authority for a maximum period of five years and the documents required to be attached with the application shall be as under:-
(a) memorandum or bye-laws, copies of registration status, latest license issued by the Government department concerned to undertake international adoptions, list of board or executive members, list of countries it is working with, accreditation certificate and its annual reports or financial statements for last two years;
(b) an undertaking signed by the head or chief executive of the organisation stating that the agency will abide by the provisions of these regulations;
(c) an undertaking by the agency that in case of disruption or repatriation of the adopted children, it shall abide by the specific provisions laid down in these regulations;
(d) an undertaking by the agency to send an annual report to the Authority in the month of April every year on the status of children placed in adoption from India;
(e) copy of adoption law or adoption regulations or adoption rules of their country;
(f) a list of staff of the agency, recommendation or authorisation from the Central Authority or competent authority to work with India;
(g) recommendation letter from Indian diplomatic mission abroad and the Central Authority or Government department of the receiving country.
(3) The Authorised Foreign Adoption Agency is required to apply for renewal of its authorisation, ninety days prior to expiry of its authorisation, as per the procedure given at sub-regulations (1) and (2) alongwith the following details, namely:-
(a) list of children placed in adoption through the Authorised Foreign Adoption Agency alongwith their citizenship status; and
(b) disruption, if any.
(4) In case an Authorised Foreign Adoption Agency requires to appoint a representative in India for facilitating its adoption cases, it shall obtain prior approval of the Authority.
32. Suspension or revocation of authorisation.- The grounds of suspension or revocation of the authorisation of an Authorised Foreign Adoption Agency shall be as follows:-
(1) if the agency violates or fails to abide by the provisions of these regulations;
(2) if the license or recognition or accreditation of the agency is suspended or revoked by the appropriate authority of that country;
(3) if the agency fails to upload adoption applications or the post-adoption follow-up reports in the Child Adoption Resource Information and Guidance System from time to time.
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