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Adoption rules for foreigners R. VENKATARAMAN New Delhi, Oct. 27: Foreigners can adopt Indian children only if their application has been approved by a welfare agency recognised by their country’s government, the Supreme Court has ruled. The October 24 judgment came on a petition by the St Therasa’s Tender Loving Care Home, Hyderabad, seeking permission to give away a child of an unmarried mother in adoption to an American couple. The bench rejected the petition but set these guidelines for “inter-country adoptions”: nThe application of the foreign couple “must be sponsored by a social or child welfare agency recognised or licensed by the government of the country in which the (said) foreigner is resident”. This will protect the child from being pushed into the flesh trade or pornography or being trafficked nThe foreigners’ application must not be entertained directly by any social or welfare agency in India nIf the child’s biological parents are known, they should be assisted in making a decision and clearly told about all the implications of adoption, including the possibility that they may not meet their child ever again. They must be given three months to reconsider nThe social or child welfare organisation arranging the adoption must get the surrender certificate signed by the biological parents. If the child is an orphan or destitute or has been abandoned — and its parents or unmarried mother are unknown or cannot be traced — the certificate will be unnecessary nThe Centre should set up a central adoption resource agency with regional branches for inter-country adoptions. The court said the Hyderabad home was already facing prosecution for offences relating to adoption and some of its officials had been convicted.
