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Report No. 153

24. Provisional Adoption by Person domiciled out of India.-

(1) If upon an application made by a person who is not domiciled in India, the district court is satisfied that the applicant intends to adopt a child under the law of or within the country in which he is domiciled, and for that purpose desires to remove the child from India either immediately or after an interval, the court may make an order (in this section referred to as a provisional adoption order) authorising the applicant to remove the child for the purpose aforesaid and giving to the applicant the care as aforesaid:

Provided that no application shall be entertained unless it is accompanied by a certificate by the Central Government to the effect that-

(i) the applicant is in its opinion, a fit person to adopt the child;

(ii) the welfare and interests of the child shall be safeguarded under the law of the country of domicile of the applicant;

(iii) the applicant has made proper provision by way of deposit or bond or otherwise in accordance with the rules made under this Act to enable the child to be repatriated to India, should it become necessity for any reason.

(2) A provisional adoption order may be made under this section in case where an adoption order could be made in respect of the child under this Act but shall not be made in any other case.

(3) The provisions of this Act relating to an adoption order shall, as far as may be, apply in relation to a provisional adoption order made under this section."



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