Process for Families Adopting from India
by Anita Morris

INDEX:

1. Attending Agency’s Educational Workshops                                       variable

2. Home study and home work with social worker                                  2-8 weeks

Collect paperwork (police, social services, employment etc)   for agency

Submit I-600A paperwork to INS - choose program

Dossier preparation

Dossier authentication

Dossier to India

5. Indian government agencies’ and court approval                                2-3 months

6. State and INS Approval                                                                   1-8 weeks

I600A approval

State approval (DHS OR ICPC)

I600 to INS

8. Post-placement reports                                                                   5 years

9. Finalize adoption in US                                                                     4-12 months

10. Naturalize your child for US citizenship

11. Glossary of terms

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

Attending Agency’s Educational Workshops

Home study and home work with social worker
 

This usually involves between two and four visits by your social worker to your home. Some agencies have a limited number of weekend or evening times available for parents with challenging schedules. Some agencies also take a negative attitude towards parents who they perceive are not willing to change their schedules to prioritize the home study during a work day.

Many of the questions in the homework are interesting and useful ones. Parent(s) can use them to really discuss and reflect upon their thoughts and course of action.

Collect paperwork (police, social services, employment etc) for agency
 

While you are collecting your paperwork, keep an eye out for documents that will be necessary for your dossier such as a Medical Certificate, Employment Letter, Bank Letter etc. If you collect these documents now, you will be able to limit retracing your steps a few months from now.

Submit I-600A paperwork to INS - choose program
 

Once you decide to participate in an Indian program, you inform your local agency social worker and you sponsoring agency coordinator (if you have one already). Many local agencies have contracts with larger sponsoring agencies.

Your local agency social worker will work with you to submit the I-600A (orange form) to the INS office in your state. The paperwork must be submitted prior to starting the Indian adoption process (otherwise you risk your court papers being ready, but being held up by the INS). However, your application need not be approved by the INS prior to starting the Indian adoption process.

If you are planning to submit your I600 in Delhi (rather than your home state), request INS to cable I-600A approval to Delhi INS office (rather than keeping it in the home office). This is done by marking the appropriate spot and writing in "Delhi, India" on the I600A form.

Before your I600 can be submitted (along with your court order etc at the end of the process) and approved so you child can enter the U.S., your I-600A must be approved by the INS.

Dossier
 

The dossier is a packet of documents about you that will be included in your legal application for guardianship in the Indian courts. It includes your home study (and any updates), letters of employment, bank letters, medical certificates (and letter of infertility if necessary/applicable) and certain legal documents signed by you.

Dossier preparation
 

When you receive the dossier packet for your program from your sponsoring agency, you may begin working on your dossier (Documents must be gathered within a six-month period or they may expire for use in a dossier). Please note that some documents require more than one original and/or an additional notarized copy of the original. Some documents also require notarization and certification while for others notarization will do. Use black ink to fill out your documents; do not submit documents that are tattered, stained or marked up; and do not use 'white out' for corrections. If you need additional copies of any form, please contact your Sponsoring Agency coordinator. Please read all the instructions in the dossier packet you receive from the agency and complete one document at a time.

If there is not room for your signatures on the document, you and your notary may sign the back of the document.

If the document is issued by an agency that does not have a notary on the premises, you may type: "This is a true and original document", type your name, sign it before a notary, and have it notarized.

Since all copies of tax returns are, by their nature, copies, type: "I certify that this is a true and exact copy of the original", type your name, sign it before a notary, and have it notarized..

Dossier authentication
 

If your dossier is incomplete or incorrect, you may be asked to re-do certain portions of it. While this may be frustrating, it is critical that the documents be correct otherwise the court process may be held up.

When your dossier is complete, Sponsoring Agency will check it and send it to the Indian Consulate for you region to be 'authenticated'. The packet will include an original set, a copy set for the Consulate’s records, a money order for the ‘authentication’ fee, and a return envelope.

Dossier to India
 

When it is returned by the Consulate to your Sponsoring Agency (or you if you are planning to travel), the appropriate number of copies are made and accompany the completed dossier to the appropriate Indian Agency. You will also receive a copy of the completed dosier for you records.

Child referral and acceptance

The waiting period for a referral varies by region and gender of the child. Families of Indian (or partial Indian) origin are advantaged due to government regulations that prefer that children are placed with Indian parents. Thus Indian parents generally have shorter waits for referrals. Indian parents can also receive referrals and submit the acceptance forms when their child is three months old rather than the usual five months for non-Indian families.

Your child's referral is made with a Child Study Report and Medical Report. This will include a photograph and any medical and social details. After reviewing the information provided therein and consulting with your pediatrician and social worker, you sign the CSR and MR and acceptance documents. Some agencies also provide regular photos and video of your child as she or he grows.

If the Indian Agency from which you are adopting your child permits you to travel (most invite it while some do not. It is usually a function of their location and resources to deal with visiting parents), you should make a decision about whether or not you are going to travel. You can make use of the time from now until your child is ready to travel to learn more about Indian culture and geography. You can also contact other parents who have travelled to get tips, and start inquiring about air-fares etc.

This is a unique opportunity to travel to your child’s agency and see where they have spent several months of their lives. You can learn about your child in a context in which s/he is comfortable. However, travelling in India is a challenge and something you may wish to do with you child when s/he is older.

Indian government agencies’ and court approval
 

The dossier and supporting documents from your agency are sent to CARA (Central Adoption Resource Agency), the national governmental agency responsible for overseeing adoption. Agencies in West Bengal (i.e. Calcutta) are exempt from this requirement.

CARA approval can take 1-6 months, depending on timing, how well your dossier is structured and your agency’s goodwill at CARA. Upon approval, it is forwarded to the Indian Agency.

The agency must clear your child through the local VCA (Voluntary Coordinating Agency - made up of all the adoption agencies in the area).

A government social worker must visit the nursery and your child to confirm the conditions and his or her health. The social worker must submit a report to the court based on his or her findings before the first hearing. The social worker usually has 10 days to accomplish this review and submission.

There are usually three court dates. They are typically held 10 days apart, although this varies region by region. It depends on the pace of the family courts or the high courts (different courts handle adoptions in different areas). The time necessary for the court's consideration of your case will vary depending on local holidays and court recesses (some close for the entire summer, others close for two weeks at Christmas etc).

At the first one, the attorney representing the agency submits your application to adopt (gain 'guardianship') your child to the courts. It must include the CARA, social worker’s and VCA clearance documents. At the second court date, the documents are reviewed in court. On the third court date, the final hearing occurs where the judge makes the ruling that you shall be granted guardianship. A few days later (or immediately, in some courts), the judge makes a proclamation in open court (dictating the guardianship papers) granting your guardianship of your child. The issuance of a court order document may take 0-6 weeks. Some courts are computerized while others are in the dark ages with antiquated type-writers.

The original court order is forwarded to your Sponsoring Agency Coordinator. S/he will send you a copy of the court order and proceed with the next step.

The Indian Agency will use the court order to process you child’s Indian passport on an expedited basis. This usually takes between five and ten working days.

State and INS Approval

I600A approval
 

By now, your local INS should have approved your I600A. The approval document(s) they send to you in the mail will be accompanied by a blank I600 (blue) form. If you did not receive this blue form, call your sponsoring or local agency and request a blank copy.

State approval (DHS OR ICPC)
 

Once the Sponsoring Agency Coordinator receives the court order from India providing you with guardianship, you will begin the process of gaining approval for your child's entry into the US from a variety of U.S. governmental agencies. The requirements vary by state. If your reside in a different state from your Sponsoring Agency, your Sponsoring Agency may have to complete an ICPC.

Department of Human Services in your state must grant approval based on a set of documents the Sponsoring Agency sends them. They forward their approval to INS (Immigration and Naturalization Services).

I600 to INS
 

Your I600 and supporting documents must also be submitted to your local INS office (or you may choose to Travel and submit your I600 in Delhi).

The I600 can only be submitted after:

(1) you have I600A approval

(2) you receive your Guardianship papers (Court Order) from the Indian courts and

(3) you have your state's DHS approval (states' requirements vary) or ICPC

Your I600 packet may be submitted to the INS in a variety of ways:

(1) you may take them in

(2) your sponsoring agency coordinator may send them in, or

(3) your local agency may send them.

The ORIGINAL COURT ORDER must accompany the packet.

Child comes home - Travel to India or have child escorted

Family escort/Travel to India
 

Generally, you will fly from the US to the city where your child is located. The journey to India, because of time changes, take two calendar days (in contrast, the return journey takes only about "12" hours). You will go to your hotel or the Nursery to spend time with your child.

Depending on the Indian agency, you may spend time with your child and take him/her to your hotel nearby and relax and get to know your baby for the duration of your stay.

Agency escort
 

Once you have I-600 approval, you should stay home (i.e. no trips or vacations). You will varying notice of your child's arrival in the US. Typically the Sponsoring Agency coordinator will contact you with arrival information.

Post-placement reports
 

Your sponsoring agency sends you a "Welcome Home". It provides details of post-placement requirements and schedules. These post-placement reports include self-reports by the parents, photos of your developing child, and reports from your social worker at set intervals.

Finalize adoption in US
 

States’ requirements for finalization vary. Many require that your child be in your home for a minimum of three months and that one or two reports be made by your social worker following home supervision visits.

Some states permit parents to do the process themselves, while others require that the parents be represented by the agency or an attorney. Ask your local agency about the requirements for your state.

Naturalize your child for US citizenship
 

Once you have the finalization decree, you may submit your application to the INS to naturalize your child. Both a social security number (contact your local social security office) and US citizenship are critical to your child’s long-term security. They provide your child with important rights and benefits.

Glossary of Terms
 

Adoption Finalization: The Indian courts provide guardianship to the adoptive parents with the understanding that the adoption will be finalized in the county courts of the parents’ state of residence in the U.S. Some few individuals of Indian ancestry may be able to finalize their child’s adoption in the Indian courts - under Indian law, only Hindu parents adopting children identified as Hindu are eligible.

Authentication: The process by which the Vice Consul of the Indian Consulate for your region confirms, based on the notarization and certification of documents, that the documents are authentic and may be accepted by the Nurseries, courts and other government agencies in India. They also keep a copy (which you or your agency provide) of the documents they authenticate.

Certified Documents: Documents, such as original marriage licenses or birth certificates, that are issued with a raised seal. Obtain these documents from the clerk's or Vital Records office of the county in which they originated. These documents do not need to be notarized or certified.

County or State Certification: The process by which the County Courthouse Registrar or the Secretary of State's office confirms that the person who notarized your document is, indeed, a registered notary public in your state. Most state certifications consist of a gold seal or medallion attached to a document or packet. If your documents are from different counties, State Certification would save you time although it is usually more expensive.

Naturalization: The process by which your child becomes a U.S. citizen. This process can occur only after your child’s adoption in finalized in the U.S.

Notarization: The process by which a notary public confirms that your signatures are authentic. Documents that need notarization must be signed in the presence of a notary public. Notary publics will stamp, sign, date, and in some cases, apply a raised seal to notarize your documents.

Power-of-Attorney: Documents which give another person (for instance, the Indian Agency social worker) permission to do work and sign documents in India on your behalf.

Sponsoring Agency: The U.S. agency that is licensed by the Indian government to place Indian children for adoption. This agency includes certain documents in you dossier stating that they are supporting the adoption and are responsible in limited ways. The Sponsoring Agency is usually the agency that has a relationship with the Indian Agency. In case of an independent adoption, any US Agency licensed by the Indian government may act as a sponsoring agency.

Local Agency: The agency that does your Home Study and provides pre-placement counseling. It also provides post-placement support and does reports as required by the Indian courts and U.S. courts.

Indian Agency: The agency at which your child is being cared for. Some agencies do independent adoptions while others work only with designated agencies in the U.S.

ICPC: If your sponsoring agency is located in a different state than yourself (and your local agency), it may be required to complete and submit an ICPC (Inter-state compact) on your behalf. This requirement permits the "transportation" of a child (read: child’s legal paperwork) between states. The various states have different requirements (or none at all) regarding the ICPC. You should ensure you know your state's requirements in advance.