Parents with adopted child moving abroad have to intimate Indian diplomatic missions: New rule

Source: Indian Express

What is the News?

The Ministry of Women and Child Development has issued the Adoption (First Amendment) Regulations, 2021.

About Adoption (First Amendment) Regulations, 2021:
  1. The Regulations amends the Adoption Regulations, 2017.
  2. The amendment has been notified in accordance with the relevant sections of the Juvenile Justice (Care and Protection of Children) Act, 2015.

What was the need for these regulations?

  1. Currently, Indian missions abroad have a role in inter-country adoption of Indian children limited to children adopted by Non-Resident Indians (NRIs), Overseas Citizens of India (OCI) or foreign parents. 
  2. The Missions had a duty to ensure protection against neglect, maltreatment, exploitation or abuse of these children. 
  3. But a grey area got left out in the case of Indian children adopted by parents in India, but who ended up moving abroad later. These adopted children were out of the purview of Indian authorities and also not falling under the purview of Indian Missions abroad.
Key Provisions of Regulations:
  1. Indian diplomatic missions abroad will now be in charge of safeguarding adopted children whose parents move overseas with the child within two years of adoption.
  2. The adoptive parents will also have to intimate the Indian diplomatic missions concerned in the country of departure and arrival, at least two weeks in advance through written communication with their full contact details at the new place and thereafter

Eligibility Criteria for Prospective adoptive parents under Adoption Regulations, 2017:

  1. The prospective adoptive parents shall be physically, mentally and emotionally stable, financially capable and shall not have any life-threatening medical condition.
  2. Any prospective adoptive parent, irrespective of his marital status and whether or not he has a biological son or daughter, can adopt a child subject to the following, namely:-
    • The consent of both the spouses for the adoption shall be required, in case of a married couple;
    • A single female can adopt a child of any gender;
    • A single male shall not be eligible to adopt a girl child;
  3. No child shall be given in adoption to a couple unless they have at least two years of a stable marital relationship.
  4. The minimum age difference between the child and either of the prospective adoptive parents shall not be less than twenty-five years. The age criteria shall not be applicable in the case of relative adoptions and adoption by step-parent.
  5. Couples with three or more children shall not be considered for adoption, except in the case of special needs children
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