Adoption

Introduction

Historically, adoption was not a popular or traditional concept in India, and the few adoptions that were permitted were limited to a child within the extended family. These adoptions were governed by the Hindu Adoptions and Maintenance Act of 1956. The Act prohibited non-Hindus (including foreigners) from adopting Indian children within India. While foreign nationals are not permitted to adopt Indian children in India, in the late 1970's the Government of India introduced a provision for legal guardianship. A foreign national is now permitted to apply for and obtain legal guardianship of a child who is declared by the courts to be destitute and abandoned. The child may then be taken out of India to be adopted, and must be adopted within two years.

The standard procedure, therefore, is for an American citizen interested in adopting an Indian orphan to (a) select an Indian orphan child; (b) apply for guardianship of the orphan, and once this is granted by the Indian court, (c) to apply for an orphan immigrant visa for the child to go to the U.S. to be adopted.

Click here for information on Indian adoption agencies.

There are two ways in which to start this three-stage process: the first is the I-600 petition process. The second is the I-600A petition process.

I-600 - Petition To Classify Orphan As An Alien Relative

The first method is for the American citizen to contact an adoption agency overseas, which will select a child for him/her according to his/her preferences. Once an orphan is selected, the Indian adoption agency will also apply for guardianship of the orphan on behalf of the American citizen petitioner and act as the child's attorney. When the final guardianship order has been obtained, the prospective parent may file an I-600 petition (to classify the orphan as an Immediate Relative) at the US Citizenship & Immigration Services (formerly INS) office nearest the parent's residence. When the petition is approved, the U.S. Citizenship & Immigration Services office cables the approval to the appropriate Consulate or Embassy. On receipt of the telegraphic approval, or the approved petition, the Consulate/Embassy notifies the concerned Indian adoption agency, which will start the visa application process for the child, with his/her Indian passport. A visa cannot be issued to the orphan without a passport.

I-600A - Application for AdPPLICATION FOR ADVANCE PROCESSING OF ORPHAN PETITION:

The second method is for the American citizen to first file an I-600A (Application for Advance Processing of Orphan Petition) at a Bureau of Citizenship & Immigration Services office in the U.S. Once this is approved, the petitioner may travel overseas, select a child personally, file a formal I-600 petition at the U.S. Citizenship & Immigration Services office at the American Embassy in New Delhi and then apply for the child's immigrant visa.

Documents Needed To File An I-600 OR I-600A:

Whichever method one uses, the following documents will have to be submitted when filing a petition at the Bureau of Citizenship & Immigration Services office.

1. Proof of U.S. citizenship of the petitioner (a US passport or naturalization certificate, if naturalized);
   
   
2. Proof of marriage, if married;
   
   
3. Proof of termination of all prior marriages, if divorced or widowed;
   
   
4. Proof of birth of the orphan (as it is usually difficult, if not impossible, to locate a birth certificate for an orphan, proof of birth is generally submitted in the form of a final Guardianship order giving the date of birth and an affidavit/certificate executed by representative of the local adoption agency);
   
   
5. Proof of abandonment of the orphan, which should also be available in the form of a Court order;
   
   
6. Proof that a surviving parent, if any, is unable to care for the child;
   
7.  A home study, completed by a government agency of the petitioner's state; or a private adoption agency authorized by the state government agency;
   
   
8. Completed fingerprint cards submitted by both the married petitioner and spouse, or by the unmarried petitioner. These cards are available from U.S. Citizenship & Immigration Services offices.

Pre-Adoption Requirements - Home-Study:

A home-study is the most important pre-adoption requirement in almost all states of the U.S., although there may be other requirements. The home-study is to be submitted with a statement recommending and approving the adoption or proposed adoption, signed by an official of the responsible government agency in the state of the child's proposed residence; or by an official of a private adoption agency licensed with the state adoption agency; or in some cases, an appropriate public or private agency overseas which is licensed with the U.S. state adoption agency of the concerned state.

Most American citizen petitioners (except those who are on assignment in India, or otherwise long-term residents overseas), have the home-study completed by a responsible agency licensed with the state agency.

Form I-600A & Form I-600:

Form I-600A and Form I-600 can be obtained from the Bureau of Citizenship & Immigration Services (formerly INS) for filing a petition to classify an orphan as an immediate relative. Bureau of Citizenship & Immigration Services instructions for filling the petition are given on the form. Our post-developed instructions have applied the Bureau of Citizenship & Immigration Services regulations specifically to the US-Indian adoption procedure, for your convenience and ease.

CLICK HERE FOR DOCUMENTS REQUIRED FOR PROCESSING AN ORPHAN IR-3/IR-4 VISA AFTER THE EMBASSY OR CONSULATE RECEIVES THE APPROVED FORM I-600 OR VISA APPROVAL