Journeys of the Heart Adoption Services (JOH) is pleased to offer an India Adoption Program that is open and thriving for families with and without Indian heritage.

International adoptions have been occurring in India for over 30 years. While Indian adoption laws and regulations do change from time to time, international adoptions have always continued. Many children who grow up in orphanages would face a life on the streets without job skills, family, or status in Indian society. International adoption, when no family within India is found, is their best hope and truly in their best interest.

Married couples where one parent holds and Indian Passport (NRI) or and Overseas Citizen of India card (OCI) and with the other parent being an American citizen have the opportunity to adopt young, healthy children or children with very minor and/or correctable special needs. Non-Indian heritage or non-NRI families have the opportunity to adopt children of all ages who have medical or physical issues (some minor and/or correctable) or healthy children five years of age and older. Please also see Journeys’ waiting children page on our website www.journeysoftheheart.net for more information.

JOH’s India Program Director visits India as frequently as possible and has a strong working relationship with over 13 orphanages throughout the country where staff members provide excellent care to the children, and we are ever expanding. In addition to a very hands-on and active Program Director, we also have JOH staff in country to assist as needed.  All the orphanages JOH works with are licensed by CARA, the Central Adoption Resource Authority in New Delhi, and have years of experience in processing adoptions. JOH has been by licensed by CARA to complete international adoptions in India since 1999.

For a little history, Indian law gives the birth mothers the right to change their minds for up to two months after the child’s abandonment or relinquishment. After this two month period Indian citizens living in India are given a chance to adopt the child. If no family in India adopts the child then the child can be cleared and referred for international adoption with first priority given to NRI/OCI families. All children referred to adopting parents have the appropriate clearances and are legally available for adoption.

Time frames for completion of the adoption depend upon the region of India where the child resides, the judge, and other factors specific to each case. Most families will travel to receive their children within ~8-12 months after the family’s completed dossier has been received in India.  *Strikes, holidays, change of judges and other officials, as well as political and social situations can always affect the time frames.

Medical testing for HIV and Hepatitis B, as well as a routine medical exam are performed on each child and results are available to adopting families in the Child Study Report which is provided at the time a referral is identified.  Families will also receive a social report and pictures at the time of child referral.

Background and birthparent information is generally not available to adoptive parents. JOH does its best to obtain updated information during the process but JOH cannot guarantee the frequency of updates.

Although we are currently seeing a shift towards more Full and Final Adoptions being issued, most international adoptions in India still currently result in the adopting parents receiving a Legal Guardianship from the Indian Courts. In guardianship cases, the United States allows the child to immigrate to the U.S. with an IH-4 visa or an IR-4 Visa. All guardianships must be finalized in the family’s local US court system and can be done so after the adopting parents satisfy the post placement requirements of their State of residence.

A few Indian States currently allow all parents to adopt under the JJ Adoption Act and receive a Full and Final Adoption in India. NRI/OCI families who are Hindu may be able to adopt under the Hindu Adoption Act and receive a Full and Final Adoption in India. In cases of Full and Final Adoptions, the United States will issue the child an IH-3 visa or an IR-3 Visa to enter the U.S. In the case of a final adoption, adopting parents must still complete the mandatory post placement requirements and complete a local court “Recognition of a Foreign Adoption.”

« The United States requires that one parent be an American citizen in order to adopt and have an adopted orphan child immigrate to the United States on either an IH-3/IR-3 or IH-4/IR-4 visa.

« The CARA guidelines state that married couples must be between the ages of 25-55 years old to adopt.  Preference is for a maximum difference between the age of the child and the parent being less than 45 years.  In order to adopt a child up to age 3, the combined age of parents must be under 90 years, with preference for a maximum age of 40 years old for infant referrals.  In order to adopt a child age 3 and older, the combined age of parents must be under 105 years.  No parent over the age of 55 is eligible to adopt.  *Flexibility regarding age may be possible on a case-by-case basis, but should be confirmed with the India Program Coordinator.

« Single women of 30-50 years old are eligible to adopt through the India Program.  In order to adopt a child up to age 3, preference is for a maximum age of 40 years old.  In order to adopt a child age 3 and older, preference is for a maximum age of 45 years old.

« In most cases, families should not have more than two children already in the home. Exceptions can be made when seeking to adopt an older child, a child with a special need, as well as children who have waited for a long period of time.

« Couples need to demonstrate a stable relationship of at least five years, and have been married a minimum of 2 years.

« Depending on the orphanage or court, a history of divorce may be acceptable.  JOH does currently work with some orphanages which are open to couples with a history of divorce.

« Adopting parents will be required to have Supervised Post Placement visits at the 1, 3, 6, and 12 month intervals after their arrival home.  Families must also prepare and send post placement reports, including photos, to JOH as required by the courts, quarterly for the second year home and then twice a year for following three years, unless the court order states differently. JOH will forward the reports to the appropriate Indian Authorities.

« The India Program is always open to consideration for families with unique circumstances, particularly for families seeking children who have medical or physical special needs

« For qualified NRI/OCI families, healthy infants and toddlers (10-18 months at the time of referral) may be available.

« Although children from the ages of infant through 15 years old are available, most children fall into the age range of 3-8 years old. For non-NRI/OCI families, infants and toddlers with special needs are also occasionally available. Siblings are occasionally available and are always placed together. Infants will usually be 16-20 months+, at the time that they come home.

« Usually no background information prior to the child’s admission to the orphanage is available to adoptive parents.

« Most infants entering orphanages have been born to unwed mothers. Older children may come into care due to the loss of a parent, poverty or other circumstances.

« Both boys and girls are available for adoption and referral times will vary depending on the number of families in the program, and each family’s child characteristic preferences (age and gender).

« Currently our referral wait time for approved NRI/OCI infant and/or young toddler referrals is approximately 12-18 months, after receipt of the I-800A approval. The referral times for age 5 and older as well as for children with special needs will be much less.  For a list of special needs, please contact your JOH Coordinator.

**JOH generally also has a number of “waiting” children with special needs.      For more information on the Waiting Children, please contact the JOH India Program Coordinator or visit our website:  Waiting Children Page**