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 As such the Adoption regulations 2017, which superseded the (Adoption regulations 2015) does not provide any proper mechanism for such circumstances as regards the application made prior to acquiring foreign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.
Sharada H v