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Arul Kumar (SAP Consultant)     25 September 2013

Foreign born child adopted by indian citizen

Dear Sir,

I am an Indian citizen adopted a foreign born child as per local law in Thailand. I a big struggle I was able to adopted my son as per the local law. Presently I am struggling to get a legal status in India for my son. I need and PIO or OCI card for my son, I approached our Embassy several times I also meet the Honorable ambassador for the same. Unfortunately I am unable to get any of the above since my son is an adopted child.

Reason given is in any of eligibility criteria or citizen ship act there adopted child is not specified. I also tried to get some information though RTI. Since there “adopted child” is not specified in any of the documents I was not able to get any favourable answer.

Eligibility PIO:-

Any person who at any time held an Indian Passport; or he or either of his parents or grandparents was born in or was permanently resident in India as defined in Government of India Act, 1935 and other territories that became part of India thereafter provided neither was at any time a citizen of Afghanistan, Bhutan, China, Nepal, Pakistan and Sri Lanka; or who is a spouse of a citizen of India or a person of Indian origin as mentioned above.

Eligibility OCI:-

A foreign national, who was eligible to become citizen of India on 26.01.1950 or was a citizen of India on or at any time after 26.01.1950 or belonged to a territory that became part of India after 15.08.1947 and his/her children and grandchildren, provided his/her country of citizenship allows dual citizenship in some form or other under the local laws, is eligible for registration as Overseas Citizen of India (OCI). Minor children of such person are also eligible for OCI. However, if the applicant had ever been a citizen of Pakistan or Bangladesh, he/she will not be eligible for OCI.

 My Understanding & Background:

1.    International adoption done based on HAGUE agreement which India part of agreement (confirmation I have from and RTI) from Ministry of External Affairs.

https://www.hcch.net/index_en.php?act=conventions.text&cid=69

 

2.    Law Commission report

https://lawcommissionofindia.nic.in/101-169/Report153.pdf

            This report mainly describes the Indian Child adopted by foreign citizen

Presently I am so worried since I don’t have any clue where do I go next. I also approached Ministry of Women & Child Development however they confirmed I have to deal with Indian Embassy or Ministry of External Affairs.

Please help what I can do next step. I can send you all the document I have if required.

Thanks & Regards

Arul Kumar



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