PIO1 said:
sg_orl sounds like he knows.
CARA describes two types of entities "Familes within the country" and "Foreigners". The middle ground is NRIs,PIOs, and OCIs.
Now from what I have read there is no explicit process that discourages foreigners from adopting. But the national body requests state governments to:
That is there is encouragement to push in-country adoptions.
Now the procedures for foreigners adopting children are extensive and onerous. So if you can say you are not a foreigner, but an OCI which is similar in law to an NRI, I would push it.
After we get some consensus, I will put this stuff up on the other thread.
UNHCHR on Adoption:
http://www.unhchr.ch/html/menu3/b/27.htm
India's implementation and governing directives (CARA):
http://www.cara.nic.in/chap2.htm
My two cents -
1. The above links are authinticate and useful.
2. The process of adoption of Indian child is complex and onerous for those residing outside India.
a) Not only Indian law is important but the regulations of the country where you reside currently are also very important.
b) NRI's are given preference than non-Indian origins - the process is simpler as well. NRI includes OCI / PIO / other Indian Origins.
c) However, considering OCI / PIO would be normally citizens of the country where they are residing (assumming they have not migrated to a third contry e.g. a UKC with PIO card adopting from the UK) then PIO / OCI holders will have the benefit over the NRIs who are in those countries with Green Card / visa. With citizenship in most countries adopted childres can be migrated to adopting parents' place much sooner than if you are PR/ GC / visa holder.
Look at the following info
WHAT DOES THE TERM NRI (Non-Resident Indian) MEAN?
The term NRI means that at least one of the applicants (one of the parents) is of Indian descent. It does not matter where the parents were born or what citizenship they claim but unless at least one parent is a US citizen, a couple will not be able to get a visa for the child. If they have a Green Card ,the child will have to have been adopted by them and remain in India for about 2 years prior to applying for a visa. This is a US government regulation.
NOTE: Kindly be advised it is impossible to adopt a relative from India, unless the child is orphaned or abandoned.
THE BASICS:
The numbers of Indian families within India, and NRI couples abroad who are adopting from India have grown dramatically these past few years. Indian Organizations and CARA are encouraging local Indian Parents to consider adoption. And for NRI couples, many U.S. agencies are now developing India adoption programs specifically for NRI couples.
India makes an effort to place all abandoned or relinquished children with
1. an Indian family in India first.
2. If that is not possible, then they prefer that an Indian family abroad be found.
3.Finally, if no Indian family can be found, then the child can be placed with a non-NRI family.
Typically NRI couples adopting from India will find the process goes much more quickly and smoothly than for a non-NRI couple. And there may be more options for the NRI couple as well.
An NRI couple may adopt a young healthy infant, whereas a non-NRI couple may find it difficult to locate an agency with such a program.
Similarly
http://cara.nic.in/faq.htm clearly says -
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.).