Allow adoption of Indian child to Indian citizens living in USA on H1b Visa
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We request Central Adoption Resource Authority (CARA) and Indian Consulate, USA to assign a social worker to perform home-study for adoption for Prospective Adoptive Parents (PAPs) on H1b visa in USA .
As per current adoption process of CARA an adoption home-study report needs to be performed through an authorized agency before PAPs can register with CARA. After registration, there is about 1-2 years of wait period before a child is referred to PAPs.
Currently, Indian Citizens on H1b visa living in USA do not have any provision to adopt a child from India through CARA as there is no way to get home-study done.
As per CARA regulation on their website, the home-study can be done in one of the two ways:
1. Approach an Authorized Foreign Adoption Agency in the foreign country to perform home-study for adoption and then register with CARA.
2. Approach Indian Consulate in the foreign country to perform home-study for adoption and then register with CARA.
Below is a snippet of CARA Regulation from CARA website (http://cara.nic.in/Parents/Guidelines_living_Abroad.html)
Adoption Procedure For Non-Resident Indian, Overseas Citizen Of India And Foreign Prospective Adoptive Parents
14.Non-Resident Indian to be treated at par with resident Indian-
Non-resident Indian prospective adoptive parents shall be treated at par with Indians living in India in terms of priority for adoption of Indian orphan, abandoned or surrendered children.
15. Registration and Home Study Report for prospective adoptive parents for inter-country adoption:
1. Any Non-Resident Indian, Overseas Citizen of India or foreign prospective adoptive parents, living in a country which is a signatory to the Hague Adoption Convention and wishing to adopt an Indian child, can approach the Authorised Foreign Adoption Agency or the Central Authority concerned, as the case may be, for preparation of their Home Study Report and for their registration in Child Adoption Resource Information and Guidance System
2. In case, there is no Authorised Foreign Adoption Agency or Central Authority in their country of habitual residence, then the prospective adoptive parents shall approach the Government department or Indian diplomatic mission concerned in that country for the purpose.
3. The Authorised Foreign Adoption Agency or Central Authority or the Government department or the Indian diplomatic mission concerned, as the case may be, on ascertaining the eligibility of the prospective adoptive parents for adopting a child, shall get their Home Study Report completed and register their application in Child Adoption Resource Information and Guidance System in the format along with the required documents as specified in Schedule VI.
However, for Indian Citizens on H1b visa living in USA, there is no such provision:
1. Authorized Foreign Adoption Agency in USA does not perform home-study for Adoption for PAPs who do not have US citizenship.
2. CARA or Indian Consulate in USA has not assigned any agency / social worker to perform home-study for Adoption for PAPs who are Indian citizens on H1b visa living in USA.
PAPs who are Indian citizens on H1b visa living in USA are unable to adopt a child because:
1. They cannot adopt from USA because they are not citizens of USA.
2. They cannot adopt from India because Indian Government does not have any provision to perform home-study from USA. However, CARA rules require that their home-study is done in USA as they are habitual resident of USA.
3. It will require PAPs to relocate to India leaving their stable career built over several years of hard work. A relocation of this nature has significant effect on the lives of PAPs.
At the same time, Indian Government allows following PAPs to adopt from India:
1. Foreigners living in India.
2. PAPs who are citizens of other countries and living in that respective country.
3. PAPs who are citizens of India and living in India.
This shows discrimination on part of Indian Government where everyone is allowed to adopt except Indian citizens on H1b visa living in USA.
Indian Consulate in USA and CARA collectively should be asked to appoint agency / social worker in USA who can perform home-study for Indian Citizens on H1b visa in USA.
There are many people who want to adopt a child from India but get discouraged by this unjust policy of CARA. These people end up disappointed with the Indian Government and CARA. If CARA and Indian Consulate, USA resolve this problem it will be great help to all the PAPs in USA who are Indian citizens and want to adopt a child from India.
Kindly support the petition to help Indian citizens on H1b visa living in USA to adopt a child from India through CARA.
This petition will be sent to :
PM Office, Shri Narendra Modi
Ministry of Women & Child Development Government of India, Smt. Maneka Gandhi
India’s External Affairs Minister, Smt Sushma Swaraj
CARA office, CEO - Shri Deepak Kumar
CARA Joint Director, Shri Jagannath Pati
CARA Deputy Director, Ms. C. Saraswathi
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