Report No. 153

When a foreigner desires to adopt an Indian child

5.10. Great care has to be exercised in permitting the child to be given in adoption to foreign parents. It must be ensured that inter-country adoptions do not lead to abuse or exploitation of children. The possibility of profiteering and trafficking in children must be eliminated. An application from a foreigners with a home study report1 must, therefore, be sponsored by a Social Welfare Agency recognised by the Government of the country in which the foreigner is domiciled and should be accompanied by such certificates, declarations and documents2 as are necessary.3

It must be ensured that there is no impediment in the way of child entering the country of the prospective adoptive parents. The travel documents for the child are obtained at the appropriate time, the law of the country of the prospective adoptive parents must permit legal adoption of the child and the child should acquire the same legal status and rights of inheritance as a natural born child and he should become a citizen in the country of adoption.

1. Appendix C.

2. Appendix D.

3. L.K. Pandey v. Union of India, (1984) 2 SCR 833-834.