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Report No. 153

5. Conditions for Adoption Order.-

If upon an application made by or on behalf of foreigner, the 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 adoption order authorising the applicant to remove the child for the purpose aforesaid and giving to the applicant the care and custody of the child pending his adoption as aforesaid:

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

(i) the applicant is in its opinion is eligible and suited 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 necessary for any reasons;

(iv) law of the applicant's country provides for adoption and the applicant undertakes to adopt the child in accordance with law of his country;

(v) the child shall be treated as if he was born to adopters in lawful wedlock for all purposes with effect from the elate of adoption in the foreigner's country.

Inter-Country Adoption Back

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