Click to view full image

Legal Adoption Rights of Overseas Citizens of India(OCI) and Near Relative Adoption

August 7, 2026 | 97 views | OLQ Admin

A Child’s Right to Family Knows No Borders A child brings joy, love and hope in a family. Adopting a child means taking responsibility for growing a family by accepting a child legally, which is not one’s own but is treated as one’s own biological child. The main goal of adoption is to provide a permanent protective home to a child who cannot be raised by their parents, or who are abused or neglected, or who are orphans, to give them an environment full of nurturing love and affection. Adoption rights extend to the citizens of India as well as to the OCI Parents who are settled abroad. The adoption process for OCI/NRI Parents is available through CARA (Central Adoption Resource Authority) and HAMA (Hindu Adoption and Maintenance Act, 1956)

Legal Adoption Rights of Overseas Citizens of India(OCI) and Near Relative Adoption

Introduction

A Child’s Right to Family Knows No Borders

A child brings joy, love and hope in a family. Adopting a child means taking responsibility for growing a family by accepting a child legally, which is not one’s own but is treated as one’s own biological child. The main goal of adoption is to provide a permanent protective home to a child who cannot be raised by their parents, or who are abused or neglected, or who are orphans, to give them an environment full of nurturing love and affection. Adoption rights extend to the citizens of India as well as to the OCI Parents who are settled abroad. The adoption process for OCI/NRI Parents is available through CARA (Central Adoption Resource Authority) and HAMA (Hindu Adoption and Maintenance Act, 1956)

What is near-relative Adoption?

Near-relative adoption basically means the adoption within one’s own extended family where the child to be adopted is already a known biological family member to the adoptive parents. Relative adoption is allowed in relation to paternal/maternal grandparents or Paternal/maternal uncles and Paternal/maternal aunts. Near relative adoption can be done through both the adoption process under CARA and HAMA.

What is the Central Adoption Resource Authority (CARA)?

CARA is a main statutory body under the Ministry of Women and Child Development that is responsible for monitoring and regulating the adoption procedure of children in the country as well as inter-country adoptions. It allows OCI/NRI nationals to adopt children from India and to take them to their home country.

Step-by-Step Process of Adoption under CARA?

The OCI/NRI parents can apply for adoption under the Central Adoption Resource Authority (CARA) in India. The following steps are to be followed: -

Step-1

The first step as an OCI/NRI parent is to approach any Authorised Foreign Adoption Agency (AFAA) or any other central authority or the Indian Diplomatic Mission available in your home country because you cannot directly access the Indian Portal being an OCI/NRI national. The authorised agency then makes a Home Study Report after assessing the financial, stability, health factors, and living standards of the NRI/OCI national.

Step-2

The authorised foreign agency then creates a profile in the Official CARA Portal and registers them as an OCI/NRI Parent in the Portal. Further, the agency uploads the required documents such as Financial Slips, bank balances, fitness reports or background clearance as required under Schedule VI Part 2. In case there is an adoption of a near relative, then additional documents are required such as Certified family lineage trees, identity documents establishing specific blood relationships and a Deed of Consent signed by the biological parents of the child in India.

Step-3

CARA then inspects the documents carefully provided in the portal by the authorised agency and checks the documents provided. If CARA further approves, then they are eligible to adopt a child in India.

Step-4

Then the OCI/NRI parents' requests are lined up according to the seniority list. The portal then shows the parent’s registered preference child and a strict 96-Hour window (4 days) where the registered OCI/NRI Parent can, within 4 days, reserve the child’s profile, and if the child’s profile is not reserved, then it moves to the next in line on the seniority list. Once the child profile is reserved, then the parents are provided with the Child Study Report (CSR) and Medical Examination Report (MER) and a time period of 30 days is provided to formally accept it.

In case the adoption is of a near relative, then CARA instructs the District Child Protection Unit (DCPU) to look into the matter. Then a local social welfare officer visits the family of the biological child who is up for adoption to perform family background checks, to find out whether the consent is free or not or is done with a motive of illegal trafficking of the child, and then, after observation, shall submit a compiled Family Background Report(Schedule XXI).

Step-5

The further step is that the Child Welfare Committee then officially declares that the orphan/abandoned child under them is legally free for Adoption. In case of adoption of a near relative, then the biological parents of the child residing in India must sign a consent form under Schedule XIX. If the relative child is of age 5 years or older, then his written consent must also be legally recorded.

Step-6

The CARA further ensures that the adoption process is recognised in the foreign country and that the home country of OCI/NRI parents' permanent residence is a signatory member of the Hague Adoption Convention. Once this is confirmed, the statutory authority (CARA) issues the Non-Objection Certificate (NOC) within 10 days of such confirmation. When dealing with the adoption of a near relative, CARA first does biological verification of the adopted child with that of the OCI/NRI Parents and issues a pre-approval letter instead of an NOC, which is a legal confirmation that the adoption with the near relative is lawful.

Step-7

After this, the next step would be that the Local Specialised Adoption Agency (SAA) or the family’s representative submits the case files to the regional administrative authorities, and then the legal paperwork is reviewed by the DCPU within 5 days. In case of a near relative, the application is filed before any local authority or before the District Magistrate where the adoptive child resides, as mentioned under Schedule XXI.

Step-8

Then the adoption application is filed before the competent District Magistrate (DM). Then the DM further conducts closed-door hearings and, after observing the matter, issues a legally binding and irrevocable order within 60 days of the application being filed. The same action is initiated in case of a near relative put up for adoption. The OCI/NRI Parents then need to travel to India to accept physical custody of the child.

Step-9

The final DM order is uploaded in the CARA Portal. After reviewing the final decree, CARA issues a Conformity Certificate under Schedule XI within 3 days of such upload. This certification is a legally valid document globally, which ensures adoption that aligns with international treaty standards. The same action is considered for near-relative-type adoption.

Step-10

After getting the clearance, the next step would be for the Specialised Adoption Agency (SAA) or the relative-authorised representative to apply for the adopted child’s passport in the regional passport office with the adopted parents' names listed as legal parents. The adoptive OCI/NRI parents would then apply for a dependent visa to the embassy of the home country located in India, and they, after reviewing all the legal documents, shall issue an entry visa of their country to the adopted child. Then the Ministry of Home Affairs of India, through a Foreigners Regional Registration Officer, shall issue an exit visa for the adopted child to safely cross all the checkpoints in India. Then the adoptive OCI/NRI parents, along with the adopted child, are legally permitted to fly to their settled country.

Step-11

After both the adoptive parents and the child reach their destination country safely, the 2-year mandatory reporting window is important to monitor the inspection report submitted by the adoption agency overseas, based on the routine checks and to ensure whether the recognition of Indian adoption is recognized in foreign law or accepts the residency of the child or its citizenship or any issues arising which hampers the well-being of the adopted child is to be ensured by them.

What is the Hindu Adoption and Maintenance Act, 1956 (HAMA)?

HAMA is a codified personal law for adoption that allows adoption directly and privately among families. HAMA also applies to OCI/NRI nationals apart from Indian Citizens who follow the religion of Hinduism, Sikhism, Jainism, and Buddhism and excludes people belonging to Muslims, Christian, Parsi, and Jewish religions.

Step-by-Step Process of Adoption under HAMA

For OCI/NRI Parents, the execution of the adoption deed under HAMA is not sufficient, it requires a specific process for adopting the child and then moving him abroad, the process is as follows: -

Step-1

The first step as an OCI/NRI Parent is that, you cannot directly access the Indian Portal, you first need to approach any Authorised Foreign Adoption Agency (AFAA) or any other central authority or the Indian Diplomatic Mission available in your country. The foreign agency will further conduct a background check and based on it, produce a Home Study Report (HSR).

Step-2

Further, the Adoption Agency or Indian Mission, after making the HSR report, will submit it in the CARINGS Portal under the inter-country HAMA category. After the adoption application is submitted in the Portal, the OCI/NRI nationals need to travel to India and perform the give-and-take ceremony with the biological parents and then execute the Adoption Deed and register it in the local Sub-Registrar’s office.

Step-3

After the Adoption Deed is uploaded in the Portal, CARA directs the local District Child Protection Unit (DCPU) to do a background check to ensure the child’s safety. The District Magistrate, after receiving the report of the unit, issues a Verification Certificate confirming the adoption to be safe and is done legally.

Step-4

The further step is to see whether your resident country is a signatory member of the Hague Adoption Convention or not. If yes, then you must obtain an Article 5/17 Letter from the central authority of your home country to ensure that your country recognises and allows adoption and can guarantee the child’s permanent residence there. Then the Verification Certificate as well as the Article 5/17 Letter are submitted to CARA. Then CARA issues a Non-Objection Certificate (NOC), which is the mandatory clearance for applying for the child’s passport and visa process.

Comparison between CARA and HAMA

CARA (Central Adoption Resource Authority)

Adoption procedure by CARA for OCI/NRI Parents

· CARA is a statutory body that is regulated under the Juvenile Justice Act, and allows all eligible OCI, NRI, and Indian citizens to adopt a child and apply for adopting a child and taking them to their resident country. Whereas HAMA is a private kind of adoption, only allowing adoption within the specified religions, which is not open to all, and certain restrictions apply to this kind of adoption for OCI/NRI parents of such specified religion.

· CARA issues a Non-Objection Certification or support letter that allows the adopted child to be freely accepted by the foreign embassies and also has universal acceptance among Hague Adoption Convention members. Whereas the HAMA deed cannot alone prove proper clearance in foreign embassies to obtain passports and visas and can be blocked at checkpoints and embassies,

· User registration is required in the CARINGS Portal of CARA, it requires certain documents to be submitted in the portal, such as the Home Study Report, financial statements, etc., and the portal then provides a structured form of queue where the waiting time is much longer. In case of HAMA, an Adoption Deed is required to be executed, and for taking the adopted child abroad, a District Magistrate (DM) permission is required, and then the adoption is successful for OCI/NRI parents.

· CARA’S guidelines are strict and slow in nature, but the adoption is done in a legal and verified manner and is a safe certification allowing crossing borders without any restriction as well as acceptance in the resident country of the adoptive parents. HAMA is considered a more flexible and faster manner of adoption with less formality and avoiding the queues in the seniority list.

Conclusion

When an OCI/NRI parent wants to adopt a child from India and take them to their resident country without facing any restrictions from the Indian border or the foreign embassies, then they should go for a valid, legal, official, and safer process of adoption through the statutory body of the Indian Government that is CARA (Central Adoption Resource Authority). This is the best option and reliable path for adoption, although it requires waiting in a queue of the seniority list, but the certification document from this authority ensures a smooth adoption process for the adopted child, from clearing Indian borders and foreign embassies to reaching the destination state without worrying about any blockage along the way.

FAQs

1. What is the difference between CARA and HAMA adoption?

CARA (Central Adoption Resource Authority) regulates the adoption of orphaned, abandoned, and surrendered children under the Juvenile Justice Act through a structured legal process. HAMA (Hindu Adoptions and Maintenance Act, 1956) governs adoption among Hindus, Buddhists, Jains, and Sikhs, primarily for relative and direct adoptions, subject to the conditions laid down under the Act.

2. Is CARA registration mandatory for every adoption?

No. CARA registration is mandatory for adoptions of orphaned, abandoned, and surrendered children. However, adoptions under HAMA, such as certain relative adoptions, follow the provisions of HAMA instead of the CARA adoption process, although additional procedures may apply in specific circumstances, especially for international relocation.

3. What documents are required for adoption?

Common documents include:

(i) Identity and address proof

(ii) Marriage certificate (if applicable)

(iii) Medical fitness certificate

(iv) Income proof

(v) Photographs

(vi) Home Study Report (for CARA cases)

(vii) Other documents prescribed under the Adoption Regulations

4. Is adoption under HAMA eligible to apply for passport and visa

clearance for the adopted child without any restriction?

Yes, HAMA is a valid and recognised kind of adoption and is eligible to