Adopting a Child as an NRI in the U.S.: How an Adoption Attorney Marietta Can Help

For Non-Resident Indians (NRIs) and Overseas Citizens of India (OCIs) living in the United States, adopting a child especially from India is a powerful and emotional decision. But with it comes a complex legal process involving international adoption laws, Indian adoption rules, and U.S. immigration requirements. That’s where an experienced adoption attorney in Marietta becomes essential.

Understanding International adoption attorney marietta NRIs

When NRIs or OCIs adopt a child from India while residing in the U.S., they must comply with both Indian and American laws. The process is governed by:

Hague Adoption Convention – for ethical, transparent intercountry adoption
Juvenile Justice Act, 2015 – India’s domestic law overseeing child protection and adoption
Central Adoption Resource Authority (CARA) – India’s official adoption regulatory body

Key Legal Steps:

Register on the CARA portal
Complete a Home Study Report through a U.S.-licensed agency
Accept a matched referral from CARA
Finalise the adoption: In India (IR-3 visa) or in the U.S. (IR-4 visa)
Apply for immigration clearance and a U.S. visa for the child

1. Indian Adoption Rules for NRIs and OCIs

Indian law gives NRIs and OCIs the same adoption priority as Indian residents, but with specific conditions:

The child must be legally free for adoption after three failed domestic referrals
A No Objection Certificate (NOC) from CARA is required before adoption proceeds
The adoptive parents must travel to India to complete final procedures
Legal adoption must be completed within two years
Quarterly post-adoption reports are required for the first two years

2. Recent Legal Development: July 2025

In a landmark ruling, the Bombay High Court held that Indian citizens do not have a fundamental right to adopt a foreign-born child even a relative unless the child is in need of care or in conflict with the law. This reinforces the necessity of adhering to both Indian and U.S. adoption laws without shortcuts.

3. Why You Need an Adoption Attorney Marietta

Navigating the adoption process across borders is not just paperwork it’s a nuanced legal and emotional journey. A skilled adoption attorney in Marietta can:

Interpret and guide you through U.S. immigration and adoption laws
Coordinate with CARA and Indian authorities
Ensure full compliance with the Hague Convention
Assist with citizenship applications and legal follow-ups
Prevent delays, denials, and legal missteps

Attorneys familiar with NRI family law are equipped to handle the legal, cultural, and emotional sensitivities involved in intercountry adoption.

FAQs for NRIs & OCIs on Adoption

1. Can an NRI adopt a child from India while living in the U.S.?

Yes. You must register with CARA, undergo a home study, and complete legal steps under both countries’ laws.

2. What visa will the adopted child need to enter the U.S.?

IR-3 visa if adoption is completed in India
IR-4 visa if finalisation occurs in the U.S.

3. Can a single NRI adopt from India?

Yes, but single men cannot adopt girl children. Age and financial stability are critical criteria.

4. What are the costs involved?

Expect expenses for agency fees, travel, legal documents, and post-adoption reporting. An attorney can help manage and budget for these costs.

5. Is post-adoption reporting mandatory?

Yes. CARA requires quarterly progress reports for two years to ensure the child’s integration and care.

Adoption Is More Than Legal Process

Adopting a child is a lifelong commitment filled with love and responsibility. For NRIs and OCIs, the journey involves not only raising a child but also bridging two legal systems and cultural values. With the support of a knowledgeable adoption attorney Marietta, your path to building a global family becomes much smoother and legally sound.

Conclusion

Adopting a child as an NRI in the U.S. requires careful planning, adherence to Indian adoption rules, and understanding of international family law. By working with an experienced adoption attorney in Marietta, you ensure a legally compliant and emotionally fulfilling experience.

LawCrust Legal Consulting

LawCrust Legal Consulting, a subsidiary of LawCrust Global Consulting Ltd., is a trusted legal partner for NRIs and Indians across the globe. Backed by a team of over 70 expert lawyers and more than 25 empanelled law firms, we offer a wide range of legal services both in India and internationally. Our expertise spans across legal finance, litigation management, matrimonial disputes, property matters, estate planning, heirship certificates, RERA, and builder-related legal issues.

In addition to personal legal matters, LawCrust also provides expert support in complex corporate areas such as foreign direct investment (FDI), foreign institutional investment (FII), mergers & acquisitions, and fundraising. We also assist clients with OCI and immigration matters, startup solutions, and hybrid consulting solutions. Consistently ranked among the top legal consulting firms in India, LawCrust proudly delivers customised legal solutions across the UK, USA, Canada, Europe, Australia, APAC, and EMEA, offering culturally informed and cross-border expertise to meet the unique needs of the global Indian community.

NRI Adoption in the U.S.: How an Adoption Attorney in Marietta Can Help