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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 up to notify new regulations to allow NRI and OCI cardholders, which they adopt under the Hindu Adoption and Maintenance Act of 1956 (Hama), to obtain a certificate of ‘no objection’ to take the child to their country of residence.
The regulation will allow the Central Adoption Resource Authority (CARA), which executes international adoptions under the Juvenile Justice Law, 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 on par according to the guidelines of the Ministry of the Interior.
The move follows much debate and consultation on how to close the gaps and address this critical concern, as there is no mechanism for intercountry adoption under HAMA. Since adoptions under HAMA are not covered by the JJ system, CARA, the sole authority for intercountry adoptions, could not grant a NOC from now on, a mandatory requirement under the Hague Convention.
Due to this legal hurdle, NRI parents who have adopted under HAMA were unable to obtain a NOC and had to go to court to request orders to take their child abroad. It is known that not only does it take a long time to obtain court orders, but pending cases increase parental concerns. Only a Hindu, Buddhist, or Jain Sikh can adopt under HAMA.
According to officials from the Ministry of Development of Women and Children, the new regulations will also address security concerns and fear of trafficking in adoption garments, establishing a detailed verification process of the family and a report on the same will be delivered. to CARA within a month by the district authorities to execute the approval as is done in the case of adoptions under the JJ Law. Senior officials said this regulation will close the gap between the JJ Law and HAMA in international adoptions.
In another regulation in process related to domestic adoptions, the ministry, based on comments from state governments, plans to make changes that will allow prospective adoptive parents registered with CARA the preference to adopt from their state of origin and then from any place nationwide. The states had highlighted this as the adoption process allows parents to adopt from any state and children sometimes stray far from their roots and cultural background. A change in the priority list is also proposed for prospective adoptive parents on the waiting list where NRIs and OCIs will be treated together in the same category.

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