Bring adopted US citizen baby to India

[dgk26]

Hello, my husband and I are Indian citizens living in the US on H1b/H4 respectively. We want to pursue domestic adoption in the US and want to know in case we have to move back to India, on what visa can we bring our child with us to live in India permanently? Please help! The child will NOT be of Indian descent. I already found out that they will not be eligible for an OCI card since they are adopted.

[Antonise]

To legally be able to process a domestic adoption in the United States you have to be a U.S. citizen. So this would unfortunately, disqualify you from adopting in the United States.

[fynj10]

Firstly, non citizens on visas can definitely legally adopt (at least in California) and the process is same as for US citizens.
Regarding the original question on how to bring an adopted child with a US passport back to India, I am also looking for an answer. If anyone has knowledge about this, please do help! Thanks!

[fynj10]

Additionally, from what I see on the OCI eligibility criteria on the VFS portal and the MEA FAQ document, neither of them explicitly rule out OCI cards for adopted children. I do see a ******** article which says "adopted and step children" are excluded but I think that might be dated or incorrect. Would really appreciate if some one can provide any relevant input on this matter. Thanks!

[arkaa]

Firstly, non citizens on visas can definitely legally adopt (at least in California) and the process is same as for US citizens.
Regarding the original question on how to bring an adopted child with a US passport back to India, I am also looking for an answer. If anyone has knowledge about this, please do help! Thanks!

That might be so, but it definitely does not apply to Indian citizens. Intercountry adoptions are subject to Hague convention. And the rules between US-Indian adoptions are complex & time consuming (from first hand experience). An adoption agency will guide you properly.

I think legally adopted children can get an OCI now, please enquire at your local Indian consulate, or contact MEA on Twitter or Face book.
If OCI is still not permitted for adopted kids, then the only option is a Visa. Depending on the kid's age you can probably apply for a student or tourist visa (there is no dependent visa for India) which allows for a 5-year stay. India requires 12-year residency for a foreigner to be eligible for citizenship, at that point maybe they can apply for OCI?