I'm afraid it is nowhere near as easy as that.
Whether you complete an adoption overseas or bring a child to the U.S. under a decree of guardianship for adoption here, you must comply with some very specific requirements of your home state, the U.S., and India. It doesn't matter whether you are of Indian origin or not. Also, because both the U.S. and India have ratified the international treaty called Hague Convention #33 on intercountry adoption, the process becomes slightly more complicated, with more requirements to satisfy.
You can get more detailed information about the process from the following two websites, although I will give you a brief summary, below:
1. The website of the U.S. State Department, which has an excellent section on adoption from India, at
Country Specific Information for india.htm.
2. The website of CARA, the Indian government's Central Adoption Resource Agency, has an excellent section on intercountry adoption at
Central Adoption Resource Agency
Basically, you will first need an approved homestudy by a provider in your state. This provider will need to be acceptable to the placement agency you plan to use (see below). You cannot adopt from or get guardianship from any country in the world without one, and the homestudy must satisfy the requirements of your home state, the USCIS, and the Indian government.
Second, you will need to have an approved I-800A from the USCIS. Anyone adopting a child from overseas or bringing a child from overseas to be adopted here must have USCIS approval. The I-800A is used for Hague adoptions, and the I-600A is used if you were adopting from a non-Hague country.
Third, the Indian government requires ANYONE living outside of India to use an agency in his/her country of residence, even if he/she is of Indian origin, for the placement of a child for adoption. You may not do an independent placement, either from a family or from an orphanage.
The American agency you use must be accredited by the Indian government. India calls such foreign agencies "Enlisted Foreign Adoption Agencies" (EFAA) and has a list of them on its website.
Fourth, the American agency will help you put together a dossier of documents required by the Indian government. Among these will be your homestudy report and the approval document from USCIS, but there will be many others. The dossier will be submitted to a Registered Indian Placement Agency (RIPA) in India, which must approve you before a child can be placed with you.
Fifth, the RIPA will match you with a child in an orphanage. You may NOT identify a child on your own, by going to birthparents or orphanages. The child will have to meet U.S. requirements for immigration, such as the "orphan definition"; not all children in Indian orphanages will meet that definition. You will be allowed to specify things like an acceptable age range, and whether or not you will accept a child with known special needs.
The child will also have to be approved as eligible for international adoption by the Indian government. The rules for families where one parent actually holds an Indian passport are slightly less onerous than those for families where neither parent holds an Indian passport, but basically, the goal is to give priority to Indian families living in India. It is sometimes hard to get approval for international adoption of healthy infants and toddlers, though families of Indian origin may have preference over non-Indian families.
Sixth, if you accept the match that has been made for you, you will work with your agency to begin the process of getting the U.S. to indicate its willingness to allow the child into the country. The USCIS has to issue a letter to the Indian government, indicating that the child appears to be eligible to get an adoption visa and enter the U.S.
Seventh, your agency will then help you petition an Indian court to grant either adoption or guardianship. Only Sikhs, Buddhists, Hindus, and Jains can actually complete an international adoption within India. All others will apply for guardianship of the children referred to them, and must then adopt the child in their home countries.
Eighth, if you are awarded guardianship by the court, your agency will help you with the acquisition of the child's Indian birth certificate, Indian passport, U.S. visa, and travel arrangements. You will need all of these items to bring the child to the U.S. You will then bring the child home.
Ninth, if you have gotten guardianship, you will adopt your child in your state courts. This will require things like post-placement visits in your home, an updated homestudy, and so on.
This all sounds very complicated and time-consuming, I'm sure. And it is. But do remember that the goal of both the U.S. and India is to protect children, birthparents, and adoptive families. Every step in the process is intended to ensure that every child is legally free for adoption and was not bought or stolen; that every adoption is legal and ethical under the laws of both countries and the Hague treaty; and that every chld comes into a home where parents are able to provide a favorable environment for his/her development.
Many, many people have adopted successfully from India. If you work with a good agency, it will help to make the process as smooth as possible.
Sharon