The Republic of India has ratified the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, as such it is not necessary to have a bilateral agreement with India. As a contracting state under the Hague Convention, the Adoption Act 2010 provides that adoptions by Irish prospective adoptive parents may be made subject to Irish and Indian requirements being satisfied in line with relevant laws and the provisions of the Hague Convention.
It is a matter for contacting states whether they wish to impose restrictions on whether and how intercountry adoptions of citizens of that State may be effected. In this regard, the Authority advises that there remains a general moratorium by the Indian Central Authority (CARA) on India accepting adoption applications from other countries other than in special circumstances. The Authority has recently received an announcement from CARA that India is currently accepting packs from non-resident Indian prospective adoptive parents for the adoption of Indian children (normal category). This means that India remains closed to non-Indian prospective adoptive parents at this time in respect of its normal categories of children. The Adoption Authority understands that CARA is accepting applications in respect of special needs children, which includes children over five years of age and sibling groups. The Authority is currently attempting to establish from CARA a possible time frame for the acceptance of application packs in the 'normal' category from non-Indian nationals.
The Adoption Authority has advised it is their position that it is necessary to have an Irish registered accredited body to facilitate intercountry adoptions from India in order to safeguard the process for the child and the adoptive parents. The Authority has two applications for India from Irish agencies which are being considered. Any accreditation being considered by the Authority can only apply to the Indian Special Needs Programme at this time. The accreditation of agencies to facilitate adoptions is solely a matter for the Adoption Authority under law. I have raised with the Adoption Authority the likely timescale of reaching conclusions on these applications and I understand it is intended to finalise the process promptly.
Furthermore, the Authority advises that it is the policy of CARA to impose the following age limits and age differentials. Again, they are a matter for the Indian authorities and are not specific to Ireland.
- To adopt a child in the age group of 0-3 years, the maximum composite age of the prospective adoptive parents should be 90 years wherein the individual age of the prospective adoptive parents should not be less than 25 years and not more than 50 years.
- To adopt children above three years of age, the maximum composite age of the PAPs should be 105 years wherein the individual age of the PAPs should not be less than 25 years and not more than 55 years.
- In the case of a single applicant, he or she should not be less than 30 years of age and shall not be above the age of 50 years. The maximum age shall be 45 years to adopt children in the age group of 0-3 years and 50 years for adopting children above 3 years.
Updates in relation to intercountry adoption from India are posted on the Authority website when available (www.aai.gov.ie).
I have arranged to meet a group in relation to intercountry adoption and arrangements in the coming week.
