Hague Countries 
HAGUE COUNTRIES – INDIA - 17 FEBRUARY 2012
Both Ireland and India are signatories to the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption.
Article 2 of the Convention states that the Convention SHALL apply to all intercountry adoptions between two contracting States.
On 1 July 2011, the AAI was notified by the Indian National Central Authority (NCA) – known as CARA, that CARA would not be accepting dossiers from Irish applicants either until 30 September 2011 or until further notice.
CARA has not been in touch with the AAI since that date.
It has come to the attention of the AAI that CARA proposes to introduce a new computerised e-access system of online dossier registration which would appear essentially to present many features of a monthly ‘lottery’ type process. To date, CARA has not invited the AAI to participate in such a scheme. The AAI has recently attempted to contact CARA on a number of occasions to discuss this matter and a number of other important matters, but without success to date.
The AAI now proposes to visit CARA / India as soon as is practicable.
Should CARA invite Ireland / AAI to participate in a new intercountry adoption scheme between the two countries, the invitation will be given careful consideration by the Board of the AAI, taking into account the advice of the Irish Embassy to India and the Hague Conventions Permanent Bureau in The Hague.
In the event of a resumption of intercountry adoptions between Ireland and India, ‘expressions of interest’ may be sought from registered Accredited Bodies in Ireland to facilitate adoptions between the two countries.
Applicants are reminded that the Article 15 (i.e. the HSE/Agency Assessment Report on the Applicants), the Article 16 Child Report and the Article 17 (Placement Approval Notice from the AAI) can only be transmitted via the relevant NCA or by a body which is registered and accredited to do so within the relevant jurisdiction.
As stated above, adoptions between Ireland and India must comply with the terms and conditions of the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. There is no role whatsoever in the process for individual ‘facilitators’ to secure referrals and to process adoptions. Irish Prospective Adoptive Parents (PAPs) should not and must not pay for the services of such private ‘facilitators’.
Persons should NOT proceed with PRIVATE (non-Hague Convention) adoptions from India.
Please also refer to previous advisory notices below.
HAGUE COUNTRIES – INDIA - 21 SEPTEMBER 2011
The Adoption Authority of Ireland’s advisory of 15th June, 2011 noted the active consideration of intercountry adoption from India and engagement between the Adoption Authority of Ireland and the Indian Central Authority on the issue. Further to this and other inquiries made, the AAI wishes to advise all prospective adoptive parents as follows:
1. An Article 17 certificate approves the decision that the State of Origin may entrust a child to prospective adoptive parents (Article 17 of the Hague Convention, as referenced in Schedule 1 of the Adoption Act, 2010 refers). Article 17 approval is a requirement to proceed to effect an adoption in accordance the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption.
2. Prior to the commencement of the Adoption Act, 2010, applicants may have sought and been granted an order of Guardianship under Indian law. In such cases, a subsequent application for an adoption under Irish law was made and considered by the Adoption Board. This approach appears to have arisen, at least in part, from custom and practice although full / plenary adoption became an option in India under the Juvenile Justice Act, 2000.
3. The Adoption Act, 2010 takes account of the fact that the laws of some countries of origin do not provide for full adoption.
4. Applicants are advised that the Juvenile Justice Act, 2000 of India provides for full/plenary adoption
5. While each application before the Authority has individual features, in general adoptions effected under the Juvenile Justice Act, 2000 (as amended) and in respect of which an Article 23 Certificate has been provided, will fall to be registered under Section 57(2) of the Act.
6. In India in some cases, children may be placed under an order of guardianship.
7. Applications received in which the child has been placed with the applicants under an order of Guardianship will need to be made under Section 68 of the Adoption Act, 2010.
8. The provisions of Section 68 may, in some cases, require referral by the applicants to the High Court with the concomitant costs that this would entail. Such referrals will relate primarily to issues of consent (Section 68(2) refers).
9. In other words, failure to effect a full/plenary adoption in India may result, in some cases, in an application for an entry in the Register of Intercountry Adoptions being subject to High Court proceedings. The Authority cannot predict the outcome of any such applications to the High Court.
10. For these reasons, from the date of this advisory, the Authority is recommending that all applicants seek to proceed to effect a full/plenary adoption in India.
11. The Central Authority of India has been advised of the foregoing.
The information provided in the previous advisory in respect of adoptions from India still stands. As soon as further information is available it will be posted on the Authority’s website.
This information should be read in conjunction with the Authority’s general advisory in respect of Hague Convention Countries.Click Here
Adoption Authority notice re: India- 1 July, 2011
The Adoption Authority has received the following correspondence from the Central Adoption Resource Authority(CARA) in India. Please click on the links below.
CARA Notice to all Central Authorities
Central Adoption Resource Authority (CARA)
http://www.adoptionindia.nic.in/
Adoption Authority notice re: India – 15 June, 2011
The Authority has recently received a number of applications for entries in the Register of Intercounty Adoption in respect of adoptions effected in India where the proper sequence of procedures does not appear to have been followed. The Authority is communicating with the Central Authority of India to clarify the procedures in Ireland following the entry into force of the Adoption Act, 2010 and the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption, 1993.
Prospective adoptive parents are advised to take all necessary steps to ensure that the adoption proceedings comply with the Adoption Act, 2010 and Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption, 1993.
You should take independent legal advices on any aspect of the law on which you are unclear. Applicants should be familiar with the requirements for all Hague Countries in terms of procedures.
Please see separate advisory on All Hague Countries on the website www.aai.gov.ie which sets out some key aspects of the process for all countries.
| File | Description | File size |
|---|---|---|
 CA Circular CARA 1.7.11.pdf | CARA Notice to Central Authorities. | 80 Kb |
| CARA 1.7.11.pdf | CARA Notice to all RIPA's | 93 Kb |