CONSTITUTION OF ADOPTION:
Adoption proceedings in India are judicial.
Adoption is constituted in India by establishing a guardianship with the purposes of adoption. The adoptive families should apply for a full adoption in our country. Adoptive parents have 2 years’ time to make adoption official in their country of origin.
Adoptive families should stay in India for 5 to 15 days, once the adoption sentence is obtained. The number of days depends on the orphanage assigning the child.
Families should process the child’s visa at the Spanish embassy in New Delhi or the corresponding consulate, according to the location of the assigning orphanage.
From the time of assignment to the family trip, about 6 months can elapse.
All procedures are performed without the presence of adoptive parents. Thus, they have to grant notarial powers to be represented before all the parties involved in the adoption process.
Monitoring reports of the adopted children should be sent every 3 months during the first two years, on until the full adoption is made official in our country.
Children are legally assigned to adoptive families in compliance with the Hindu Adoption and Maintenance Act 1956 (HAMA), Guardianship and Ward Act of 1890 (GAWA), and Justice of Juvenile Act 2000 (JJA).
Parents will be duly informed about the particularities of each Act and they will decide which of them shall be applicable when submitting their application.
The Government of India signed The Hague Convention about Children and Cooperation in International Adoption on 06/06/2003 and this Convention entered into force on 01/10/2003.
Indian passport of adopted children: according to the latest update by the Embassy, adopted children of Hindu origin, once they get the Spanish nationality, should renounce to their Indian nationality by submitting their Indian passport to the Indian Embassy in Madrid, getting the corresponding certificate. This process should be performed in less than 3 years. Once children have the Spanish nationality, they can no longer travel with the Indian passport.
Visas should be processed in Spain. Visas cannot be processed in India.
Ask the international vaccination centres about the necessary vaccines to travel to India.