basis said:
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13. Are Non-Resident Indians given any preference in inter-country adoption?
Yes. As per the Revised Guidelines, the order of preference for adoption of Indian children is :-
1) Indian Family in India.
2) Indian Family abroad.
3) One parent of Indian origin abroad.
4) Totally foreign
Remember here Indian Family includes Indian Nationals and Persons of Indian Origin.
So OCI's will have following advantage -
a) Being citizen of the country where you are residing will help to speed up the process and also meet the guidelins / regulations of that country. Ofcourse this advantage is not by virtue of OCI but by virtue of Foreign Citizenship.
b) Being OCI one can come and reside India for indefinite period and adopt from within India. The easiest and simplest of all. Indian family residing in India is given first preference.
c) Being OCI can help one prove one is Person of Indian Origin if resident outside India. And get priority after Indian Family Resident in India. And is much simpler than being completely of Froeign Origin.
In short OCI does not offer any material advantages over PIO card or even over being a Person of Indian Origin and who has other valid proofs to show the indian origin (e.g. cancelled Indian Passport of self, parents, grand parents etc OR Indian Birth Cert etc.).
Basis - What you have quoted from CARA's website has been their guidelines since November 30, 2003. Before that, NRIs (with or without Indian passports) had same preference as the families living in India, which was much easier for NRIs to adopt from India.
Since the change of guidelines from November 30, 2003, NRIs were put into 2nd preference after the Indian families living in India.
Recently, about 2 weeks ago, CARA has changed their rules for NRIs families, where either one or both spouses are holding Indian passport, to be considered as Indian families living in India, thus bumping them from 2nd preference to the 1st preference. This gives them better chance at getting younger and healthier babies.
CARA says it may deal with the issue of OCI/PIO families in future so they stay under 2nd preference at the moment. CARA has been slow in updating these guidelines on their website, but Indian adoption agencies have been confirming the new guidelines in their communications.
Finally, OCIs can go and reside in India for an indefinite period to complete the adoptions per Indian laws and guidelines, however, indian orphanages, do require that you set up a domicile in india, set up a household, and have a steady job/income, before they would consider them on par with the Indian families living in India. Timeframe ranges from 6 months to 2 years depending on the orphanages prople have talked to for setting up the domicile and completing the home studies to start the adoption in India. After that, US State Department guidelines require that you live with the child after taking a custody in India for 2 years, before applying for the child's visa. So it doen't really help if someone wants to complete the adoption and bring the child to US as soon as possible.