Intercountry Adoption Consent Form (India)

An Intercountry Adoption Consent Form in India confirms in writing the permission or release granted and the rights given up or relied on as a result.

The legal framework for intercountry adoption from India is the Juvenile Justice (Care and Protection of Children) Act 2015 (JJ Act) and the Adoption Regulations 2022 issued by CARA under the authority of the Ministry of Women and Child Development. Section 56 of the JJ Act 2015 establishes that adoption in India follows a two-track process: domestic adoption has priority, and a child becomes eligible for intercountry adoption only after domestic adoption efforts have not resulted in a placement within 30 days of the child being declared legally free for adoption by the CWC.

The relinquishment process begins with the biological parents executing a relinquishment deed in the presence of the CWC. A mandatory 60-day reconsideration period follows, during which the biological mother may withdraw the relinquishment and reclaim the child without any legal consequence. Only after this period expires without withdrawal does the CWC formally declare the child legally free for adoption. This reconsideration right under the CARA Adoption Regulations 2022 is absolute and cannot be waived by any private agreement or monetary consideration.

For prospective adoptive parents abroad, the process operates through a network of Authorised Foreign Adoption Agencies (AFAAs) in the receiving country and CARA-empanelled Specialised Adoption Agencies (SAAs) in India. Matching of children with prospective adoptive parents is done through CARA's online system — Child Adoption Resource Information and Guidance System (CARINGS) — on the basis of waiting list seniority and the child's specific needs. A court decree from the Court of the District Magistrate or designated Child Court in India is required before the adopted child may travel abroad.

Private adoption arrangements — placements made outside the CARA system, including through hospitals, religious organisations, or direct agreements between biological and adoptive parents — are criminalised under Section 80 of the JJ Act 2015. Penalties include imprisonment of up to 3 years and a fine of ₹1 lakh.

Intercountry adoption from India is governed by the Juvenile Justice (Care and Protection of Children) Act 2015 and the Adoption Regulations 2022 issued by the Central Adoption Resource Authority (CARA), read with the Hague Convention on Intercountry Adoption (ratified by India in 2003). Relinquishment is executed before the Child Welfare Committee with a mandatory 60-day reconsideration period, and a court decree is required before the child may travel abroad. Private placements outside the CARA system are criminalised under Section 80 of the Act.

An Intercountry Adoption Consent Form in India is required by biological parents or guardians who wish to formally relinquish a child for adoption through the CARA-administered process, where the child may ultimately be placed with an adoptive family abroad if domestic adoption placement does not occur within the prescribed 30-day domestic priority window.

Biological parents who are unable to care for a newborn or young child due to extreme poverty, medical incapacity, or other genuine circumstances, and who wish to give the child a chance at a stable family environment — including abroad — must execute the relinquishment deed before the Child Welfare Committee under the Adoption Regulations 2022. No payment of money may pass between biological and adoptive families; any monetary exchange in connection with an adoption is criminalised under the JJ Act 2015.

Unmarried mothers who cannot care for a child and wish to place the child for adoption must appear before the CWC. The CARA system accepts relinquishments from unmarried mothers, and their identity is kept confidential in adoption records. The 60-day reconsideration period under the Adoption Regulations 2022 gives the mother adequate time to reconsider before the relinquishment becomes irrevocable.

Guardians of abandoned or orphaned children — Child Care Institutions (CCIs), orphanages, or government-recognised shelters — who wish to declare children legally free for adoption after exhausting family tracing efforts must follow the CWC process. Abandoned children are declared legally free for adoption under a separate track that does not involve parental relinquishment but requires a formal CWC order.

NRI (Non-Resident Indian) and foreign national prospective adoptive parents who wish to adopt a child from India must register with an AFAA in their home country recognised by CARA. The process applies to NRI couples and single NRI applicants who are Indian citizens and to foreign national applicants from Hague Convention countries. The Home Study Report prepared by a licensed social worker in the receiving country is the primary assessment document used by CARA in the matching process.

An Intercountry Adoption Consent Form and the accompanying relinquishment deed executed before the Child Welfare Committee under the CARA Adoption Regulations 2022 must contain the following elements to be legally effective.

The biological parent or guardian identification section records the full name, age, address, and identity proof reference (Aadhaar number, voter ID, or passport) of the relinquishing parent(s). For unmarried mothers, the father's details are recorded if available. For guardians relinquishing on behalf of an abandoned or orphaned child, the guardian's authority and the child's background are documented.

The child particulars section records the child's full name (if any), date of birth in DD/MM/YYYY format, gender, date of admission to the Child Care Institution (if applicable), and any special needs or medical conditions. Accurate health information is essential for the Child Study Report (CSR) and for matching the child with appropriate prospective adoptive parents.

The relinquishment declaration is the core of the form. The biological parent declares voluntarily and without coercion that they relinquish all parental rights over the child, acknowledge that they have been counselled about the consequences of relinquishment, and understand that the 60-day reconsideration period is available to withdraw the relinquishment. The declaration must be in the language understood by the biological parent, with a certified translation if necessary.

The counselling acknowledgment records that the biological parent has attended the mandatory counselling sessions conducted by the CWC-appointed counsellor and understands the implications of relinquishment, including that the child may be placed with a domestic or international adoptive family.

The CWC recording section documents the date and place of execution before the CWC, the names and signatures of the CWC members present, the name and signature of the counsellor, and two witnesses who are not related to the biological parent.

The reconsideration period notice confirms that the 60-day period commences from the date of execution of the relinquishment deed, during which the biological mother (or both parents, where applicable) may withdraw the consent and reclaim the child without penalty. The CWC retains custody of the child during this period at the Specialised Adoption Agency (SAA) or Child Care Institution (CCI).

The CARA system registration reference records the CARA case number assigned to the child through the CARINGS portal, linking the relinquishment documentation to the child's adoption file for tracking and matching purposes.

All documents must be submitted to CARA through the SAA. Any attempt to execute a relinquishment outside the CWC process, or any private adoption arrangement, is an offence under Section 80 of the JJ Act 2015.

Intercountry adoption from India is governed by the Juvenile Justice (Care and Protection of Children) Act 2015 and the Adoption Regulations 2022 issued by the Central Adoption Resource Authority (CARA), read with the Hague Convention on Intercountry Adoption (ratified by India in 2003). Relinquishment is executed before the Child Welfare Committee with a mandatory 60-day reconsideration period, and a court decree is required before the child may travel abroad. Private placements outside the CARA system are criminalised under Section 80 of the Act. Forms-legal.com provides this template as a starting point for India-compliant documentation.