IMMIGRANT VISAS

Adoptions

Introduction

Historically, adoption was not a popular or traditional concept in India, and the few adoptions that were permitted were limited to a child within the extended family. These adoptions were governed by the Hindu Adoptions and Maintenance Act of 1956. The Act prohibited non-Hindus (including foreigners) from adopting Indian children within India.

While foreign nationals are not permitted to adopt Indian children in India, the Government of India introduced a provision for legal guardianship in the late 1970s. A foreign national is now permitted to apply for and obtain legal guardianship of a child who is declared by the courts to be destitute and abandoned. The child may then be taken out of India to be adopted, and must be adopted within two years.

The standard procedure, therefore, is for an U.S. citizen interested in adopting an Indian orphan to (a) select an Indian orphan, (b) apply for guardianship of the orphan, and once this is granted by the Indian court, (c) to apply for an orphan immigrant visa for the orphan to go to the U.S. to be adopted.

How to begin the adoption process using the standard procedure

There are two methods to start this three-stage procedure: the first is the I-600 petition process; the second is the I-600A petition process.

Method 1: I-600 petition process

To begin, the U.S. citizen contacts an Indian adoption agency. The adoption agency will then select an orphan for the U.S. citizen based on the citizen's preferences. Once an orphan is selected, the adoption agency will also apply for guardianship of the orphan on behalf of the U.S. citizen and act as the orphan's attorney.

When the final guardianship order has been obtained, the prospective parent may file an I-600 petition (Petition to Classify Orphan as an Immediate Relative) at the U.S. Citizenship & Immigration Services (USCIS) office nearest the prospective parent's residence.

When the petition is approved, the USCIS office cables the approval to the appropriate embassy or consulate. On receipt of the telegraphic approval, or the approved petition, the embassy or consulate notifies the concerned adoption agency. The adoption agency will then apply for an immigrant visa for the orphan using the orphan's Indian passport. A visa cannot be issued to the orphan without a passport.

Method 2: I-600A petition process

To begin, the U.S. citizen has to file an I-600A (Application for Advance Processing of Orphan Petition) at a USCIS office in the U.S. Once this is approved, the petitioner may travel overseas, select an orphan personally, file an I-600 petition at the USCIS office at the U.S. Embassy in New Delhi, and then apply for an immigrant visa for the orphan.

Documents needed to file an I-600A or I-600 petition

Whichever method one uses, the following documents will have to be submitted when filing a petition at a USCIS office:

1. Proof of U.S. citizenship of the petitioner (a U.S. passport or naturalization certificate, if naturalized)

2. Proof of marriage, if married

3. Proof of termination of all prior marriages, if divorced or widowed

4. Proof of birth of the orphan (as it is usually difficult, if not impossible, to locate a birth certificate for an orphan, proof of birth is generally submitted in the form of a final Guardianship order giving the date of birth and an affidavit/certificate executed by representative of the local adoption agency)

5. Proof of abandonment of the orphan, which should also be available in the form of a Court order

6. Proof that a surviving parent, if any, is unable to care for the child

7. A home study, completed by a government agency of the petitioner's state; or a private adoption agency authorized by the state government agency

8. Completed fingerprint cards submitted by both the married petitioner and spouse, or by the unmarried petitioner. These cards are available from USCIS offices

Pre-adoption requirements: Home Study

A home-study is the most important pre-adoption requirement in almost all states of the U.S., although there may be other requirements. The home-study is to be submitted with a statement recommending and approving the adoption or proposed adoption, signed by an official of the responsible government agency in the state of the child's proposed residence; or by an official of a private adoption agency licensed with the state adoption agency; or in some cases, an appropriate public or private agency overseas that is licensed with the U.S. state adoption agency of the concerned state.

Note: Most U.S. citizen petitioners (except those who are on assignment in India, or otherwise long-term residents overseas), have the home-study completed by a responsible agency licensed with the state agency.