Difference between In Country and Inter Country Adoption


June 30, 2020
Adoption laws in India are of two kinds. You can adopt a child from within the family members where one of the family member gives a child in adoption to the other family members who wants to adopt the child. The other kinds is to get the adoption through the adoption centers recoginsed and taken care by the Government.
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 An individual or a couple who are willing and capable of taking a child in Adoption, who are the residents of India and who have the citizenship of India are called as the prospective adoptive parents of In country. Any such parent/parents/couple who takes a child in adoption through the special child adoption agencies called as CARA and CARINGS is called as In country adoption.

Whereas an Individual or parent or couple who are willing and capable of taking a child in Adoption, who are the residents of India or either the Non residents of Indian Origin and who have the citizenship of India and have also acquired the Foreign citizenship are staying abroad, the process of these citizens adopting an Indian child a is called as Inter country Adoption.

Where an Indian citizen have applied for child adoption with CARINGS when they were in India under the category of In-country adoption. Later on after application, have subsequently been granted a Foreign citizen ship, as such are residing in a foreign country, are the Over seas Indian citizens. There is a separate category for making an application for adoption In-country and Inter Country adoption. Due to the change in the citizenship the CARINGS have not considered the application made under the category of In-country adoption, though they were intimated the confirmation of adoption of a child which is declared legally free for adoption. later on due to the change in the citizenship of prospective adopting parents the adoption was not given. As such the Adoption regulations 2017, which superseded the (Adoption regulations 2015) does not provide any proper mechanism for such circumstances as regards the application made prior to acquiring foreign citizenship. The supreme court has said that as there is no mechanism in the regulation in such a situation, Thus the first registration for adoption cannot alter the legal position of acquiring the foreign citizenship by an Indian.

Written By:
Sharada H v

Sharada H v


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Dear Madam, Dear Sir, THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956 https://tcw.nic.in › Acts › Hindu adoption and Mai... PDF THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956. [Act No.78 of 1956][21st December, 1956]. Men who are unmarried can adopt as well as long as they are not a minor. However, if a man were to adopt a daughter, the man must be twenty one years of age or older. Only unmarried Hindu women can legally adopt a child. A married woman can only give her consent to adoption by her husband. You may get register an Adoption Deed under the provisions of above Act and thus get instant adoption.