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Brief Overview
Apply to Holy Cross Child Placement Agency, Inc. and begin the Home Study process. During the Home Study process, Holy Cross will file the Advance Processing Application (Form I-600A) with U.S. Citizenship Immigration Services (USCIS), and you can begin preparing your Dossier. When your Home Study and Dossier are complete, Holy Cross will send your Dossier to an Indian placement agency that will match the Home Study Report with a Child Study Report. At this time you must wait to receive a referral for a child. Once you have accepted the referral, you must obtain Voluntary Coordinating Agency (VCA) clearance and a No Objection Certificate (NOC) from the Central Adoption Resource Agency (CARA). After the NOC is issued, your adoption case enters the Indian court system. When guardianship of the child is granted to you by the court, apply for your child's Indian passport and file Form I-600 in the U.S. or in India. You can now travel to India to pick up your child. After your child returns with you to the U.S., you must begin the Post-Placement process and finalize your adoption.
Adoption Authority in India
As part of the Ministry of Welfare, CARA regulates adoptions and maintains a list of recognized foreign adoption agencies around the world enlisted by the government of India. Holy Cross is proud to be one of the Government of India approved agencies for inter-country adoption of children from India. We can be found on the CARA website at http://www.cara.nic.in/carahome.html, as well as the U.S. State Department’s website at http://travel.state.gov/family/adoption/country/country_398.html.
Eligibility Requirements
- There is no upper age limit for a petitioner; however, the general principle is that the combined age of the parents should be no more than 90 years. A single parent can adopt and must be at least 25 years of age, and should preferably be between 30 and 35 years of age;
- At least one applicant must be a U.S. citizen;
- CARA states that the couple should preferably have been married for at least five years to attest for the stability of the relationship; and
- The order of preference for the adoption of Indian children is 1) an Indian family in India, 2) an Indian family abroad, 3) one parent of Indian origin abroad, and 3) totally foreign.
Steps for International Adoption in India
Beginning the Home Study Process
Click here for a detailed explanation of the Home Study process. The Home Study Report will be reviewed by the Indian placement agency, CARA and USCIS to determine whether you can provide a child with proper care and a safe home. The Home Study must be submitted in support of Form I-600A or I-600. USCIS will not accept a Home Study that is more than six months old unless it is accompanied by an update that is less than six months old.
Filing the Advance Processing Application Before a Child Has Been Identified (Form I-600A)
- Before you have identified a child, Holy Cross can file your Form I-600A, Application for Advance Processing of Orphan Petition, with the USCIS local office having jurisdiction over your place of residence. Form I-600A is used to reduce the processing time of Form I-600 by completing the part of the process that relates to the prospective adoptive parent(s). Once you locate a child, Form I-600 must be filed.
- An approved Form 1-600A is valid for 18 months. During those 18 months, a Form I-600 must be filed.
- A fee of $670 is required. If you pay this filing fee, you will not need to submit the fee for Form I-600.
- You will need to submit to Holy Cross the following documents for filing Form I-600A:
- Proof of U.S. citizenship of petitioner, such as a passport or birth certificate;
- Marriage certificate, and proof of termination of all prior marriages;
- A favorable Home Study from an authorized agency; and
- Fingerprints of each prospective adoptive parent and each adult member living in the household. Fingerprints must be taken on Form FD-258. FBI fingerprint checks are valid for 15 months and cost $80 per adult.
- If your I-600A is approved, USCIS will send you a Form I-171H, Notice of Favorable Determination Concerning Application for Advance Processing of Orphan Petition, and notify the embassy in India with a cable Visa 37.
- You can view and print Form I-600A in PDF format by clicking here http://www.uscis.gov/i-600a. You will need Adobe Acrobat.
Preparing Your Dossier
During the Home Study process, you should begin assembling the documents for your Dossier. The Dossier consists of documents that will be included in your legal application for guardianship in the Indian courts. Most of the documents must be notarized and certified with a Hague Convention Apostille issued by the Secretary of State’s office in the State where you reside. Once your Dossier is complete, Holy Cross will send it to a representative in India who will begin the referral process of locating a child for you.
The following documents are generally needed for your Dossier:
- A favorable adoption Home Study Report;
- Home Study agency license;
- Recent photographs of the prospective adopting parent family;
- Certified physician’s medical/physical report for adoptive parent(s);
- Certified police clearance for adoptive parent(s);
- Certified birth certificate of adoptive parent(s);
- Certified marriage certificate of adoptive parents;
- Certified divorce decree (if applicable);
- Three letters of reference;
- Copy of biographic passport pages;
- USCIS Form I-600A approval (Form I-171H);
- Federal Income Tax returns for the last three years;
- Declaration of financial status;
- Employment certificate stating your length of employment, job title, and salary;
- Bank reference letter;
- Declaration of consent and willingness of adoptive parent(s);
- Declaration concerning state of health of the adoptive parent(s);
- Undertaking from Holy Cross to the effect that the child would be legally adopted by the adoptive parent(s) according to U.S. laws within a period not exceeding two years from the date the child arrives in the United States;
- Undertaking from the adoptive parent(s) that the child would be provided necessary education and upbringing according to the status of adoptive parent(s);
- Undertaking from Holy Cross that a report relating to progress of the child along with his/her recent photograph would be sent quarterly during first two years, and half yearly for the next three years;
- Power of Attorney from the adoptive parent(s) in favor of offices of the social or child welfare agency in India which will be required to process the case;
- Certificate from Holy Cross to the effect that the adoptive parent(s) is/are permitted to adopt a child according to U.S. law;
- Undertaking from Holy Cross to the effect that in case of disruption of the family of the adoptive parent(s) before legal adoption has been affected, it will take care of the child and find a suitable alternative placement for the child with the approval of CARA.; and
- Undertaking from Holy Cross that it will reimburse all expenses to the concerned Indian agency as fixed by a competent court towards maintenance of the child and processing charge fees.
The Process in India
- After your Dossier has been Apostilled by the Secretary of State, the original application for guardianship along with the original documents comprising your Dossier will be sent to the Indian placement agency. Holy Cross will also send a copy of the application and documents including your Home Study Report to CARA.
- Approximately five weeks from the date of receipt of the certified copies of the application and other documents, CARA will issue a “No Objection Certificate”. Once the NOC is received, the Indian agency can process the application in the competent court for inter-country adoption.
- After the Indian agency receives the documents, it will begin the process of matching the Home Study Report with the Child Study Report. When a child is located, the Indian agency will ensure that the child is available for adoption by the local VCA for inter-country adoption. Once cleared, the Indian agency will send the Child Study Report, the photograph of the child and the medical report to Holy Cross for the approval of the prospective adoptive parent(s). After obtaining the approval of the child by the prospective adoptive parents, the Indian agency will apply to CARA for getting a clearance of the child.
- CARA will review the information provided by the Indian agency and VCA, and will give the clearance to the Indian agency. The Indian agency will then process the case with the competent court for awarding the guardianship of the child to the prospective adoptive parents.
- On the basis of the guardianship order, the Indian agency will apply in the Regional Passport Office for obtaining an Indian passport for your child.
Filing the Orphan Petition (Form I-600)
- Form I-600, Petition to Classify Orphan as an Immediate Relative, should be filed after you have identified the child and a) an advance processing application is pending or it is within 18 months of a favorable decision in a completed advance processing case, or b) no advance processing application was filed. The purpose of the form is to classify a foreign orphan as an immediate relative of a U.S. Citizen to allow the child to enter the U.S.
- Form I-600 can be submitted for filing only after:
- Form I-600A is approved; and
- You have received the final guardianship order from an Indian court.
- Holy Cross can file Form I-600 with the same USCIS local office where you filed Form I-600A, or if you are traveling abroad to adopt you may file Form I-600 at the USCIS office at the U.S. Embassy in Delhi. You must state on your Form I-600A where you intend to file the orphan petition. If your local USCIS approves your petition, USCIS will forward the notice of approval (visas 38 or 39 cable) to the Embassy in India.
- The required fee is $670, but you do not need to submit this fee if you paid the fee for the I-600A.
- If you did not previously file a Form I-600A, you will be required to submit the documentation required by Form I-600A.
- The following documents are required for Form I-600:
- Proof of U.S. citizenship of the petitioner, such as birth certificate or passport;
- Certificate of marriage and proof of termination of all prior marriages;
- Proof of the child’s age and identity – if the birth certificate is not obtainable then submit an explanation together with the best available evidence of birth;
- Copies of the death certificate(s) of the child’s parent(s), if applicable;
- A certified copy of adoption decree together with certified translation;
- Evidence that the sole or surviving parent is incapable of providing for the child’s care;
- Evidence that the child has been unconditionally abandoned to an orphanage;
- Evidence that the preadoption requirements, if any, of the State of the child’s proposed residence have been met;
- A favorable Home Study from Holy Cross; and
- Fingerprints of the prospective adoptive parent(s) and all adult members of the household, but they are not required when an advance processing application is pending or when the orphan petition is filed within 18 months of an approved Form I-600A.
- If the orphan petition is approved Form I-171, Notice of Approval of Relative Immigration Visa Petition, or an I-797, Notice of Action, will be sent to you.
- You can view and print Form I-600 in PDF format by clicking here http://www.uscis.gov/i-600a. You will need Adobe Acrobat.
Obtaining the Child's Immigrant Visa and Entering the United States.
Once Form I-600A has been approved by USCIS and forwarded to the Consular Section at the U.S. Embassy in Delhi, the adopted child must apply for an immigrant visa. When the visa is issued, your child may legally enter the U.S. If you are unable to travel to India, Holy Cross can make arrangements to obtain the visa and escort the child to the U.S.
The following documents are generally required for issuance of an immigrant visa:
- Guardianship or adoption decree issued by an Indian court giving the prospective adoptive U.S. citizen parents (petitioners) custody of the child. Note that Muslim and Christian adoptions are not legally recognized in India;
- Notification by USCIS of I-600 approval. The Consulate must receive this directly from USCIS in Delhi or USCIS in the US;
- Relinquishment of rights by natural parents, if known;
- Child’s birth certificate;
- Medical examination of the child from one of the physicians on the Embassy or Consulate’s panel;
- Indian passport for the child;
- Signed and notarized Affidavit of Support (I-864) for IR-4 visa status. You must include proof of current employment, and your individual Federal income tax returns for the most recent 3 tax years. Your W-2s or 1099 forms may be required;
- Completed Application for Immigrant Visa and Alien Registration (Form OF-230) and processing fee. Sign the Form OF-230 during the interview; and
- Necessary photographs of the child.
Begin the Post-Placement Process
Click here for a detailed explanation of the Home Study and Post-Placement process. India requires four Post-Placement Reports completed at three, six, nine and 12 months after your child arrives in the United States. The Reports will be sent for review to USCIS as well as the Government of India.
Finalizing Your Adoption
India law does not allow the adoption to be finalized in India if the prospective adoptive parents are non-Hindu. The prospective adoptive parents can only obtain legal guardianship over the child. In this case, the U.S. Embassy will issue an IR-4 visa to your adopted child, which requires that the full and final adoption takes place in the U.S. according to the laws of your State of residence. After the child enters the U.S., he/she must be adopted within two years.
Once you have completed the Post-Placement process, the Post-Placement Reports will be submitted to the court having jurisdiction over your adoption, and a formal hearing will be held in order to finalize the adoption.
Length of the Adoption Process
- 3-7 months to obtain USCIS approval, complete a Home Study and prepare a Dossier;
- 4-12 months to receive a referral after the Dossier is submitted to India;
- 5-12 months for CARA and court process in India after you have accepted the referral;
- Within 1-2 months after court approval is granted, you may travel to India to pick up your child.
The Costs to Adopt in India
The program costs listed below are estimates associated with adopting a child from India. Actual costs may vary on a case-by-case basis. All fees are subject to change without notice. No fees are refundable after services are rendered.
| Fees in the United States | |
| Application | $250 |
| Holy Cross Home Study | $1,450 |
| USCIS (Form I-600A or I-600) | $670 |
| Fingerprinting (per adult) | $80 |
Agency fee:
This includes assembling documents included in your Dossier; filing Forms I-600A and I-600; legalizing your Dossier documents; management of your adoption case; liaison with government and agency authorities; and administrative/office expenses. | $5,000 |
| Dossier expenses | $300-600 |
| Post-Placement (per report) | $275 |
| Fees in India | |
India processing fee
This includes: Legal fees in India; translation of all your documents; medical check-ups; locating a child if needed; and all court fees. | $3000-9000
(varies based on Indian orphanages) |
| Traveling Fees | |
| Round-trip airfare for parents (per person) | $1,000-2,800 |
| One-way airfare for child (baby basket) | $100-300 |
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