Code: Section 60
Section 60: Procedure for Inter-Country Relative Adoption
(1) A relative living abroad who intends to adopt a child from their family in India must obtain an order from the District Magistrate and apply for a No Objection Certificate from the Authority. The process must follow the procedures outlined in the adoption regulations provided by the Authority.
(2) Upon receiving the order and the application, either from the biological parents or the prospective adoptive parents, the Authority will issue a No Objection Certificate. The Authority will also notify the immigration authorities of both India and the receiving country about the adoption.
(3) Once the adoptive parents receive the No Objection Certificate, they may collect the child from the biological parents. The adoptive parents are also required to maintain contact with the child’s biological parents and siblings as per the guidelines provided.
Explanation of Section 60
Section 60 deals with the process for inter-country relative adoption, ensuring that relatives living abroad can adopt children from their family in India. This section requires several formalities, such as obtaining an order from the District Magistrate and applying for a No Objection Certificate from the Authority. The Authority plays a central role by issuing the necessary certificates and informing immigration authorities to facilitate the adoption process. It also mandates maintaining family connections, which ensures the child’s ties to their biological family are respected.
Illustration
Example 1: A Relative Adopts a Child
An uncle living in the United States wishes to adopt his niece, an orphan, from India. He first obtains an order from the District Magistrate. After submitting his application, he receives a No Objection Certificate from the Authority. The adoption proceeds, and the uncle maintains regular communication with his niece’s biological parents.
Example 2: Biological Parents’ Role in Adoption
A couple in Canada wants to adopt their niece from India. After receiving the No Objection Certificate from the Authority, the adoptive parents travel to India, receive the child from the biological parents, and agree to maintain regular contact with the biological family.
Common Questions and Answers on Section 60
1. What steps does a relative need to take to adopt a child from their family in India?
- Answer: A relative must first obtain an order from the District Magistrate and apply for a No Objection Certificate from the Authority. They must follow the adoption regulations as prescribed.
2. What is the role of the Authority in the adoption process?
- Answer: The Authority issues the No Objection Certificate once it receives the required documentation. It also informs the immigration authorities of India and the receiving country to ensure smooth processing.
3. Is contact maintained with the biological parents after adoption?
- Answer: Yes. The adoptive parents are required to maintain contact with the biological parents and siblings of the adopted child, ensuring a continued relationship within the family.
Conclusion
Section 60 ensures that relatives living abroad can adopt children from their family in India while maintaining legal and procedural safeguards. The District Magistrate’s order and the No Objection Certificate play a crucial role in facilitating this process. Additionally, the requirement for continued contact with the biological family helps preserve the child’s connections to their roots.
