India: A Country Update

October 28, 2010

A) JUVENILE JUSTICE ACT (JJ ACT) ADOPTIONS


    JJ Act adoptions are beginning to happen in some areas. Practices are varied. In Mumbai, adoptive parents NEED NOT be present for the Court. But, the High court of Bombay requires parents to make an “on the official record” Rs 60,000 (about 1300 USD) before the Order will be released. The deposit will be refunded by the Court if the postplacement reports are timely and complete. Also the family needs to begin a savings fund of about Rx 100,000 (about USD 4,400) in child’s name in their country of residence. A request for reconsideration to the High Court of Bombay was turned down by the judge. The central authorities of the Nordic countries have submitted a written objection to CARA. Since CARA has no vertical authority over the Court, review at a higher level judicial level may be considered. So for now, the deposits are required. (Of note these deposits are required for domestic adoptions as well. (This summary only reflects actions of the High Court of Bombay) not other jurisdictions.) Of note, there are diverse interpretations of the JJ Act within India. Some courts are considering treating JJ Act adoptions like Hindu Adoptions in a kind of “cookie cutter” model that may not be fully appropriate. Some regions, judges want to see adoptive parents in person before making decision.

B) VISA MEDICAL: Visa medical screenings are more stringent:

  • There is only one Panel Physician in Delhi, Max Medcentre. A prior appointment for the visa medical is required. When contacting Max Medcentre, families need to make it clear that this is an Adoption case for the U.S. Max Medcentre will require confirmation that the family has an appointment with the U.S. consulate for the visa interview. Please note, Max Med Centre is at least 45 minutes away from the U.S. embassy, families need to plan accordingly. Of note, the U.S. consulate advises that families allow one full day for the visa medical.

C) ADOPTION VISA APPOINTMENTS:

  • While in the past, “walk in” adoption visa appointments were okay with the U.S. Consulate, appointments are now needed. This helps the consulate schedule staff who are knowledgeable on adoption matters. Appointments can be made by email to the consulate. For the short term, adoption visa appointments will be limited between October 27 and November 7.

D) For children 2+ a TB PPD skin test is required:

  • The Panel physician must personally do the PPD. They they will NOT honor a PPD test done by anyone else. Per the consulate: “ In the event that someone is identified with active TB, treatment will be required before a visa can be issued. Treatment can take several months.” Consequently, it is imperative that the TB status of the child be known before going to Delhi.
This entry was posted in Recent News and tagged . Bookmark the permalink.

Comments are closed.