STATE ADOPTION RESOURCES AGENC (SARA)
Adoption : A Loving Option
State Adoption Resource Agency (SARA) is the agency set up by the State Government under the Integrated Child Protection scheme(ICPS) to promote in-country and inter-country adoption in coordination with Central adoption Resource Authority (CARA), Ministry of Women and Child Development. It is a unit under the State Child Protection Society (SCPS) to co-ordinate, monitor and develop the work of adoption and render secretarial and administrative assistance to State Adoption Advisory Committee(SAAC).SARA liaison with District Child Protection unit(DCPU) and provide technical support to the child Welfare Committees in Carrying out rehabilitation and Social reintegration of all children through sponsorship, foster care, in-country and inter-country adoption.
SARA functions as the state level Resource Centre to coordinate, monitor and develop the adoption program in the state, facilitates the setting up of SAAs, provide legal recognition to SAAs and maintain a comprehensive list of such agencies and supervise the work of SAAs.
SARA is authorized to take necessary action when malpractices occur in the adoption program whether by licensed/recognized adoption agencies or by unlicense individuals or organization.
Structure of SARA staffs
One programme Manager
One Programme Officer
One Programme Assistant.
“Adoption” means the process through which the adopted child becomes the lawful child of his adoptive parents with all the rights, privileges and responsibilities that are attached to a biological child.
Adoption comes from the heart, but the adoption process comes from the Law. You should follow your heart, but be sure you also follow the law.-Irina O’Rear
Section 32.
(1). Any individual or a police officer or any functionary of any organization or a nursing home or hospital or maternity home, who or which finds and takes charge, or is handed over a child who appears or claims to be abandoned or lost, or a child who appears or claim to be an orphan without family support, shall within twenty four hours (excluding the time necessary for the journey), give information to the Childline Services or the nearest Police Station or to a Child Welfare Committee or to the District Child Protection Unit, or hand over the child to a Child Care Institution registered under the JJ Act, as the case may be.
Section 56.
(1). Adoption shall be resorted to for ensuring right to family for the orphan, abandoned and surrendered children, as per the provisions of the JJ Act, the rules made there under and the adoption regulations framed by the Authority.
Section 56.
(4). All inter-country adoptions shall be done only as per the provisions of this Act and the adoption regulations framed by the authority.
Section 56.
(5). Any person who takes or sends a child to a foreign country or takes part in any arrangement for transferring the care and custody of a child to another person in a foreign country without a valid order from the Court, shall be punishable as per the provisions of Section 80.
Section 57.
(1). The Prospective Adoptive Parents shall be physically fit, financially sound, mentally alert and highly motivated to adopt a child for providing a good upbringing to him
(2). In case of a couple, the consent of both the spouses for the adoption shall be required
(3). A single or divorced person can also adopt, subject to fulfillment of the criteria and in accordance with the provisions of adoption regulations framed by the Authority.
(4). A single male is not eligible to adopt a girl child.
(5). Any other criteria that maybe specified in the Adoption Regulations framed by the Authority.
Section 63.
A child in respect of whom an adoption order is issued by the court, shall become the child of the adoptive parents, and the adoptive parents shall become the parents of the child as if the child had been born to the adoptive parents, for all purposes, including intestacy, with effect from the date on which the adoption order takes effect, and on and from such date all the ties of the child in the family of his or her birth shall stand severed and replaced by those created by the adoption order in the adoptive family:
Provided that any property which has vested in the adopted child immediately before the date on which the adoption order takes effect shall continue to vest in the adopted child subject to the obligations, if any attached to the ownership of such property including the obligations, if any, to maintain the relatives in the biological family.
Section 65.(1).
The State Government shall recognize one or more institutions or organizations in each district as a Specialized Adoption Agency, in such manner as maybe provided in the adoption regulations framed by the Authority, for the rehabilitation of orphan, abandoned or surrendered children, through adoption and non-institutional care.
Section 80.
If any person or organization offers or gives or receives any orphan, abandoned or surrendered child, for the purpose of adoption without following the provisions or procedures provided under JJ Act, such person or organization shall be punishable with imprisonment of either description for a term which may extend upto three years, or with fine of one lakh rupees, or with both:
Provided in case where the offence is committed by a recognized adoption agency, in addition to the above punishment awarded to the persons in-charge of, and responsible for the conduct of the day-to-day affairs of the adoption agency, the registration of such agency under section 41 and its recognition under Section 65 shall also be withdrawn for a minimum period of 1 year.
B. ADOPTION AUTHORITIES AND AGENCIES FOR IN-COUNTRY ADOPTION - (a) The Court of Competent Jurisdiction who can pass Order for Adoption;
(b) Central Adoption Resource Authority (CARA);
(c) State Adoption Resource Agency (SARA);
(d) Specialized Adoption Agency (SAA).
C. FUNDAMENTAL PRINCIPLES GOVERNING ADOPTION - The following fundamental principles shall govern adoptions of children from India, namely,-
(a) The child’s best interests shall be of paramount consideration, while processing any adoption placement;
(b) Preference shall be given to place the child in adoption with Indian citizens, with due regard to the principle of placement of the child in his own socio- cultural environment, as far as possible.
D. CHILD ELIGIBLE FOR ADOPTION – (a) Orphan
(b) Abandoned
(c) Surrendered Children, declared legally free for adoption by the Child Welfare Committee.
E. ELIGIBILITY CRITERIA FOR PROSPECTIVE ADOPTIVE PARENTS – Section 57.(1)(2)(3)(4)
(a) No child shall be given in adoption to a couple unless they have at least two years of stable marital relationship;
(b) Couples with more than four children shall not be considered for adoption;
(c) The age for eligibility will be as on the date of registration of the prospective adoptive parents;
(d) The minimum age difference between the child and either of the prospective adoptive parents should not be less than twenty five years;
(e) The age of the prospective adoptive parents as on the date of registration shall be counted for deciding the eligibility and the eligibility of prospective adoptive parents to apply for children of different age groups shall be as under-
| Age of the child | Maximum composite age of prospective adoptive parents | Minimum age of single adoptive prospective adoptive parent |
| Upto 4 years | 90 years | 45 years |
| Above 4 upto 8years | 100 years | 50 years |
| Above 8 upto 18 years | 110 years | 55 ears |
F. PROCEDURE FOR ADOPTION –
A. PROCEDURE RELATING TO PARENTS (In-Country Adoption) :
- Registration and Home Study of Parents – Indian Parents who desire to adopt have to register themselves online at www.cara.nic.in. The home study report of the prospective adoptive parents shall be prepared by the Specialized Adoption Agency (SAA).
- Selection of a child by the Prospective Adoptive Parents (PAPs) - The seniority of the prospective adoptive parents shall be from the date of online registration. On the basis of seniority, the prospective adoptive parents shall be given an opportunity to view the profiles of children, in their preference category if any through Child Adoption Resource Information and Guidance System (CARINGS). After viewing the child’s profiles, the prospective adoptive parents may reserve one child within a period of 48hours for possible adoption.
- Pre-adoption foster care – The child shall be taken in pre-adoption foster care by the prospective adoptive parent, after signing the pre-adoption foster care undertaking.
- Legal Procedure – The Specialized Adoption Agency shall file the adoption petition in the Court, having jurisdiction over the place where the Specialized Adoption Agency is located.
- Follow up of progress of adopted child – The Specialized Adoption Agency shall report the progress of the child in CARINGS on six monthly bases for two years from the date of pre-adoption foster placement with the prospective adoptive parents.
- Adoption Leave – Adoptive parents shall be entitled for adoption leave for proper care of adoptee, as per the extant instructions of the concerned Government or authority and the benefit of this facility shall be available from the stage of pre-adoption foster care.
B. PROCEDURE RELATING TO PARENTS (Inter-Country Adoption) :
1. Procedure for Non-Resident Indian,Overseas Citizen of India and Foreign prospective adoptive parents –a) Non-resident Indian prospective adoptive parents shall be treated at par with Indian living in India in terms of priority for adoption of Indian orphan,abandoned or surrendered children.
b) Registration and Home Study Report for prospective adoptive parents (PAPs) for inter-country adoption – Any non-resident Indian,overseas citizen of India and foreign prospective adoptive parents,living in a country which is a signatory to the Hague Convention and wishing to adopt an Indian child,can approach the concerned Authorized Foreign Adoption Agency (AFAA) or Central Authority (CA), as the case may be, for preparation of their home study report and for further necessary action.
c) In case of no AFAA or CA in their country of residence, the the PAPs shall approach the concerned Government department or Indian Diplomatic Mission.
d) The AFAA or CA or concerned Government department or the Indian Diplomatic Mission, as the case may be,on completion of the Home Study Report, shall register the application of the PAPs in CARINGS.
e) The seniority of the PAPs shall be from the date of their registration in CARINGS. Profiles of two children shall be forwarded to the PAPs and the PAPs may reserve one of the referred children within 96 hours.
f) No Objection Certification of Central Adoption Resource Authority and pre-adoption foster care - The Central Adoption Resource Authority shall issue no objection certificate in favor of the proposed adoption. The PAPs may take the child in pre-adoption foster care within India after issuance of no objection certificate by furnishing an undertaking to the Specialized Adoption Agency.
a) Legal Procedure - The Specialized Adoption Agency shall file the adoption petition in the Court, having jurisdiction over the place where the Specialized Adoption Agency is located.
b) Passport and Visa – The CARA shall issue a conformity certificate after child is legally adopted by the PAPs. CARA shall inform concerned immigration authorities and the foreigner regional registration office or foreigner registration office about confirmation of adoption.The Specialized Adoption Agency(SAA) shall submit application to the regional passport officer to obtain Indian passport for the adopted child.
c) The SAA shall also obtain birthcertificate for the adopted child from the issuing authority.
2. Adoption by overseas citizen of India or foreign national living in India-
a) In case of an overseas citizen of india or foreign national, who is a citizen of a country that has ratified the Hague Convention and has been living in India for one year or more, shall apply online in CARINGS.
b) The CARA,after receiving the application shall refer the case to a SAA for preparing the home study report.
c) The role of AFAA or CA or Government department or Indian Diplomatic Mission shall be performed by SAA.
C. PROCEDURE RELATING TO CHILDREN:
Procedure relating to orphan or abandoned child – In case an abandoned child is received by a specialized adoption agency, such a child shall be produced before the Child Welfare Committee within 24 hours along with the 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 specialized adoption agency to the local police station. District Child protection Unit shall advertise the particulars and photograph of an abandoned child in a State level newspaper.
Procedure relating to a surrendered child –
a) If a child born to a married couple is to be surrendered, both parents shall sign the deed of surrender and in case one of them is dead, proof of death is required.
b) If a child born to a married couple is to be surrendered by one biological parents and the where about of the other parent are not known, the child shall be treated as abandoned.
c) In case of a child born out of wedlock, only the mother can surrender the child and if the mother is a minor, the deed of surrender shall be signed by an accompanying adult as witness.
d) If the surrender is by a person other than the biological parents, the child shall be treated as abandoned.
Declaration of child by Child Welfare Committee - The Child Welfare Committee shall declare the surrendered child after expiry of sixty days from the date of surrender. In case of an abandoned child, the declaration shall be issued within a period of two months in case of a child up to two years of age and within four months foe a child above two years of age.
D. AVAILABILITY OF CHILD FOR ADOPTION –
As soon as the child is declared legally free for adoption by the Child Welfare Committee, such child may be allowed to be given in adoption to a resident Indian or non-resident Indian parents:
Provided that such child shall be allowed to be given in inter-country adoption –
a) After sixty days, if the child is below five years of age;
b) After thirty days, if the child is above five years of age or is a sibling;
c) After fifteen days, if the child has any mental or physical disability.
E. ROOT SEARCH -
1) In cases of root search, the concerned agencies or authorities, whenever contacted by any adoptee shall facilitate his root search.
2) In order to facilitate root search, the age and maturity of the child shall be taken into consideration.
3) If the biological parents, at the time of surrender of the child, have specifically requested anonymity, then, the consent of the parents should be taken by the specialized adoption agency or Child Welfare Committee, as the case maybe.
4) In case of denial by the parents or the parents are not traceable, the reasons and the circumstances under which the surrender took place shall be disclosed to the adoptee.
5) In case of an orphan or abandoned child, information about his adoption, including the source and circumstances in which the child was admitted into the specialized adoption agency, as well as the process followed for his adoption may be disclosed to the adoptee by the specialized adoption agency or the Child Welfare Committee, as the case may be.
6) A root search by a third party shall not be permitted and the concerned agencies or authorities shall not make public any information relating to biological parents, adoptive parents or adopted.
7) The right of an adopted child shall not infringe the biological parent’s right to privacy.
F. CONFIDENTIALITY OF ADOPTION RECORDS –
All agencies or authorities involved in the adoption process shall ensure that confidentiality of adoption records is maintained, except as permitted under any other law for the time being in force.
G. DOCUMENTS REGUIRED:
Documents to be uploaded and submited by Resident Indian Prospective Adoptive Parents –
a) PAN Card/Passport
b) Proof of residence (Aadhar Card/Voter ID Card/Passport/driving license/current electricity bill/telephone bill)
c) Proof of income of last year (e.g.salary slip/income certificate/income tax return)
d) Copy of marriage certificate and photograph
e) Copy of divorce decree/death certificate of the spouse (if applicable)
f) Copy of birth certificate of the PAPs
g) Certificate from a medical practitioner certifying that the PAPs do not suffer from any chronic,contagious or fatal disease and they are fir to adopt
h) In case of single parent,undertaking from a relative to take care of the child in case of mishap.
In case of NRI/OCI anfd Foreign PAPs, the following documents will be required –
a) Passport.
b) Proof of residence (Aadhar Card/Voter ID Card/Passport/driving license/current electricity bill/telephone bill)
c) Proof of income of last year (e.g.salary slip/income certificate/income tax return)
d) Copy of marriage certificate and photograph
e) Copy of divorce decree/death certificate of the spouse (if applicable)
f) Copy of birth certificate of the PAPs
g) Certificate from a medical practitioner certifying that the PAPs do not suffer from any chronic,contagious or fatal disease and they are fir to adopt
h) Permission of the receiving country as per Article 5 and 17 of the Hague Adoption Convention (Only applicable in cases of Hague ratified country)
i) Copy of passport of PAPs and a copy of OCI certificate,if applicable
j) Police clearance certificate
k) In case of OCI/Foreign PAPs living in India,a copy of No Objection Certificate from their Embassy/High Commission for adoption and assurance for post adoption in case of the PAPs relocate from India
l) In case of single parent,undertaking from a relative to take care of the child in case of mishap
m) Undertaking from the PAPs to allow personal visits by the representative of the AFAA or CA or concerned Government Department,as the case may be, for follow-up of the progress of the child.In case of a foreign or overseas PAPs living in India,they are also required to give an undertaking to the effect that they would allow personal visits of the representative of the SAA or District Child Protection Unit or State Adoption Resource Agency at least for a period of two years from the date of adoption.
(The PAPs would be in the waiting list from the date of submission of complete set of documents)
H. ADOPTION EXPENSES –
The prospective adoptive parents shall bear the expenses for adoption, as provided in the Adoption Regulations –
| Sl.No | Item | Amount of Payment | Time & mode of payment |
| 1 | Home Study Report of the PAPs in India by the Social Worker | Rs. 6000 (inclusive of travel expenses) | To be paid by the PAPs to the specialized adoption agency or authorized social worker through demand draft or bank transfer prior to conduct of home study. |
| 2 | Child Care Corpus, preparation of Child Study Report & Medical Examination Report, child care and maintenance, legal expenses and other administrative costs | Rs. 40000 | To be paid by the PAPs to the specialized adoption agency at the time of receiving the child in pre-adoption foster care through demand draft or bank transfer. |
| 3 | Post-adoption follow-up visits and counseling (4 times within a period of two years) | Rs. 2000 per visit/report (inclusive of travel expenses) | To be paid by the PAPs to the SAA or authorized social worker,on completion of the post placement report,through demand draft or bank transfer |
I. TIMELINES FOR CONCERN AUTHORITIES AND AGENCIES –
A. Timelines for the processes relating to children:
| 1 | SAA should produce an abandoned child before the CWC along with a report containing his photograph and particulars. | Within 24 hours ( excluding journey period) |
| 2 | SAA should enter the child details along with his photograph online in CARINGS | Within 72 hours from the time of receiving the child. |
| 3 | DCPU shall advertise abandoned notice of the child particulars and photograph in a state level newspaper and local cable network. | Within 72 hours from the time of receiving the child. |
| 4 | DCPU should submit tracing report of biological parents/ legal guardian of abandoned child to the CWC including outcome of abandoned notice . | Within 30 days from the date of the order of the CWC for the same |
| 5 | SAA Submit report to the CWC regarding efforts made by it to trace the abandoned child biological parents/legal guardian | Within 30 days from the date the child is received for interim care by the order of CWC |
| 6 | The reconsideration period /claiming of the surrendered child by the biological parent/legal guardian and intimation of the same by the SAA to CWC | Within 60 days of the date of surrender |
| 7 | SAA upload the Child Study Report (CSR) and medical Examination Report (MER) along with latest photo of the child. | Within ten days from the date of declaration of the child as legally free for adoption by CWC |
| 8 | A normal child up to 5 yrs of age has to be made available for adoption by a Resident Indian (RI) and NRI PAPs | For 60 days from date of CWC declaration of the child as legally free for adoption |
| 9 | An older child above 5 years of age and siblings to be available for inter-country adoption | 30 days from the date of the child is declared legally free for adoption by the CWC |
| 10 | A mentally and physically challenged child to be available for inter-country adoption | 15 days from the date of the child is delared as legally free for adoption by the CWC |
B. Timeline for Adoption by Resident Indians as well as OCI/Foreigner living in India:
| 1 | Home Study Report(HSR) of the PAPs should be completed by the Social Worker authorized by SAA or SARA | Within 30 days from date of submission of required documents in CARINGS |
| 2 | PAPs should reserve one child shown to them as per their preference on CARINGS | Within 48 hours from the date and time of referral in CARINGS |
| 3 | PAPS should select the child they wanted to adopt | Within 15 days from the date of reserving the child |
| 4 | SAA filed adoption petition in the court | Within 7 days from the date of acceptance of the child by the PAPs |
| 5 | Disposal of the adoption petition by the court | Within 2 months from date of filing of the petition |
| 6 | SAA obtained a certified copy of the adoption order from the court and forwarded the same copy to the PAPs and also post in the CARINGS | Within ten days from the date of adoption order |
| 7 | SAA obtained the birth certificate of the child from issuing authority and forwarded the same to the PAPs and also post the same in CARINGS | Within ten days from the date of receipt of certified copy of the adoption order |
C. Timeline for Adoption from India by NRI/OCI/Foreign PAPs:
| 1 | Reservation of one child by the PAPs out of two children referred from CARINGS through AFAA/CA/Govt Department /Indian mission | Within 96 hours |
| 2 | Acceptance of the child | Within 30 days |
| 3 | NOC produced by CARA | Within ten days from the date of acceptance of the child by the PAPs and approval of the central authority |
| 4 | SAA file adoption petition in the Court | Within seven days from the date ofacceptance of the child by the PAPs |
| 5 | Disposal of the adoption petition by the court | Within two months from date of filing of the petition |
| 6 | SAA obtained a certified copy of the adoption order from the Court and to post the same in the CARINGS and forwarded it to the AFAA/CA | Within ten days from the date of adoption order |
| 7 | CARA shall inform the concerned immigration authorities and the Foreigners Regional registration Office (FRRO) about confirmation of adoption. | Within three working days from the date of availability of adoption order |
| 8 | SAA submit application to the Regional Passport Officer (RPO) for the passport of the child. | Within three working days from the date of availability of adoption order |
| 9 | RPO issue the passport of the child | Within ten days from the date of receipt of application for the same |
| 10 | Foreigners Regional Registration Office (FRRO) to issue exit Visa to the adopted child wherever required | Within three working days from the date of online submission of application along with all supporting documents |
| 11 | SAA to obtain the birth Certificate of the child from the issuing authority and to post the same in the CARINGS and forwarded it to the concerned AFAA/CA | Within ten days from the date of receipt of certified copy of the adoption order |
J. INSTRUCTION MANUAL FOR PARENT REGISTRATION IN CHILD ADOPTION RESOURCE INFORMATION AND GUIDANCE SYSTEM (CARINGS) :A. UNDERSTANDING CARINGS – Child Adoption Resource Information and Guidance System (CARINGS) is a web-based (cara.nic.in) online platform,building bridges and creating links through a robust web-based management system designed to bring transparency in the adoption system as also curtailing delays at various level.
CARINGS offers a more child- centric approach based on the principles of care,convenience and comfort for the child,parents and the adoption agencies. It is a monitoring tool for the Government and also an effective mechanism for the service providers to report to the Government and work for early rehabilitation of orphan and destitute children. It is designed with the technical support from National Informatics Centre to:
- Facilitate expeditious and smooth adoption,
- Ensure transparency in the adoption process,
- Increase accountability of implementing agencies,
- Create a network of stakeholders towards improved synergy
- Maintain a National Database to enable effective policy-making and research.
B. STEPS FOR PARENTS REGISTRATION –
STEP – 1
- Open www.cara.nic.in and click on Parents
STEP – 2
- Check your category, choose from the options –
1) Resident Indian Parent,
2) NRI/OCI/PIO/Foreign Parents,
3) OCI/PIO/Foreigner Living in India
- If you are a resident Indian, then click on Resident Indian Parents
STEP – 3
- Parents who have registered online on CARINGS,click on Already Registered Parents
- In case,you wish to register as a new applicant, click on New Registering Parents
STEP – 4
- Already registered parents will see a Sign-in page,you can now read the instructions.
i) Instruction for Already Registered Parents
ii) Instruction for Newly Registering Parents
STEP – 5
- On the left top panel of the same page,you will find ‘Eligibility Criteria’
- Click on ‘Eligibility Criteria’ and follow the instructions carefully while registering online
STEP – 6
- For detailed information related to Adoption procedure,you can read the Adoption Guidelines. Simply click on ‘Guidelines for Adoption’
STEP – 7
- While registering online on CARINGS,you have to upload a list of requisite documents.
STEP – 8
- Now search an agency as per your convenience
- Click on ‘Search Adoption Agency’ to view the CARA network
- To see the agency details and other related information,click on State
- After clicking on the State,you will be able to view all the agencies details of that particular State
- In this dashboard,parents can view Agency name,code,address and contact information
- Parents can also view the number of available children ‘In Home’ and ‘Adoptable’ by clicking on ‘View Child Availability’
STEP – 9
After completing all the above steps and receiveing the necessary information,your next step is to register online on CARINGS
- Click on ‘Register Online’
- After clicking on Register Online,you can view a registration form
- You must fill up all the fields as required
POINTS TO REMEMBER :
- After successful online registration,parents will receive an Online Acknowledgement Letter
- Contact the agency with your acknowledgement letter.
LIST OF SPECIALIZED ADOPTION AGENCY IN MIZORAM
i) International Poor Children
Seventh Day Tlang, P.O. Vaivakawn, Aizawl, Mizoram
Pin-796009, Ph.No.0389-2344825
Email: ipcvaivakawn@rediffmail.com
ii) Hmangaihte Run
MHIP Gen.Hqrs, Zemabawk, Aizawl, Mizoram
Ph.No.0389-2350808
Email: hmangaihterun@gmail.com
iii) Sunshine Society for Children
Near Directorate of Social Welfare,Laipuitlang,Aizawl,Mizoram
Email: ssfcmz@gmail.com
iv) Lairam Child Adoption Centre
H.No-286,College Veng,Lawngtlai,Mizoram
Pin-796891. Ph.No – 03835-232981
Email: lairamcac@gmail.com
v) Little Angel Specialized Adoption Agency
Mamit Field Veng, Mizoram
Ph.No – 0389-2565068
Email: littleangelsaa@gmail.com