hama: government introduces new regulations to facilitate international adoptions

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The central government has regulations in place to facilitate intercountry adoptions under the Hindu Adoption and Maintenance Act (HAMA). According to the Adoption (Amendment) Regulation 2021, families adopting under the law can receive a certificate of no objection from the government’s nodal adoption agency, the Central Adoption Resource Authority. (CARA) to take the child abroad.

Until now, the CA has only been issued by a court.

Until now, there were no regulations for CARA regarding intercountry adoptions under HAMA, which covers Hindus, Sikhs, Buddhists and Jains. The law deals with the rules of adoption of children because it gives the adopted child all the rights enjoyed by a biological child.

In a notification released Friday evening, the Ministry of Women’s and Children’s Development said CARA will issue a no-objection certificate for countries ratified by The Hague.

The Hague Convention on Child Protection and Cooperation is an international convention that has been signed and ratified by India with respect to intercountry adoptions.

CARA will issue the CNO on the basis of a verification certificate from the district magistrate of the respective region of the country.

In cases of countries outside the Hague Adoption Convention with regard to intercountry adoptions, a letter of acceptance of the adoption from the relevant government department of the receiving country must be requested by CARA in order to issue the final letter of support by the agency, he said. .

A senior ministry official had said earlier that the regulations were being introduced because there were many challenges under the HAMA regarding the resettlement of an adopted child in another country.


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