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RAMANAN (RETIRED)     05 March 2013

Jurisdiction of courts for adoption

DEAR SIRs/ MADAM

a baby is being adopted by NRI parent from a district under approval and NOC from CARA India.

the CARA guidelines indicates that appropriate court with jurisdiction will give adoption .

the Recognised Inidan Placement Agency is located in a state capital RIPA

the child is in a orphanage in one of the districts of the state since 2 years and 6 months[since birth]

where should the application FOR ADOPTION be filed ? whether at the district court of the district where the child and the orphanage is located or at  the district court of the capital city where the RIPA is located 

please help 

urgent

dr ramanan



Learning

 1 Replies

Tajobsindia (Senior Partner )     05 March 2013

1. The child can be legally placed for adoption with the PAPs by the competent court and for this purpose, the court having jurisdiction over the area where the SAA / RIPA is located shall be the competent court.


2. The SAA / RIPA shall file a petition in the Competent Court of jurisdiction for obtaining the necessary adoption orders under the Act i.e. where SAA/ RIPA is located (having its registered address).

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PAPs = Prospective Adoptive Parents
RIPA = Recognized Indian Placement Agency
SAA = Specialised Adoption Agency  


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