International Parental Child Abduction

English

Country Information

India

India
Republic of India
Exercise increased caution in India due to crime and terrorism. Some areas have increased risk. Read the entire Travel Advisory.

Exercise increased caution in India due to crime and terrorism. Some areas have increased risk. Read the entire Travel Advisory.

Do not travel to:

  • The state of Jammu and Kashmir (except the eastern Ladakh region and its capital, Leh) due to terrorism and civil unrest.
  • Within 10 km of the India-Pakistan border due to the potential for armed conflict.

Indian authorities report rape is one of the fastest growing crimes in India. Violent crime, such as sexual assault, has occurred at tourist sites and in other locations.  

Terrorist or armed groups are active in East Central India, primarily in rural areas. Terrorists may attack with little or no warning, targeting tourist locations, transportation hubs, markets/shopping malls, and local government facilities. 

The U.S. government has limited ability to provide emergency services to U.S. citizens in rural areas from eastern Maharashtra and northern Telangana through western West Bengal as U.S. government employees must obtain special authorization to travel to these areas. 

Read the Safety and Security section on the country information page

If you decide to travel to India:

  • Do not travel alone, particularly if you are a woman. Visit our website for Women Travelers
  • Review your personal security plans, and remain alert to your surroundings. 
  • Enroll in the Smart Traveler Enrollment Program (STEP) to receive Alerts and make it easier to locate you in an emergency.
  • Follow the Department of State on Facebook and Twitter.
  • Review the Crime and Safety Reports for India.
  • U.S. citizens who travel abroad should always have a contingency plan for emergency situations. Review the Traveler’s Checklist.

State of Jammu and Kashmir

Terrorist attacks and violent civil unrest are possible in the state of Jammu and Kashmir. Avoid all travel to this state (with the exception of visits to the eastern Ladakh region and its capital, Leh). Sporadic violence occurs particularly along the Line of Control (LOC) separating India and Pakistan, and in tourist destinations in the Kashmir Valley: Srinagar, Gulmarg, and Pahalgam. The Indian government prohibits foreign tourists from visiting certain areas along the LOC.

Visit our website for Travel to High-Risk Areas.

India-Pakistan Border

India and Pakistan maintain a strong military presence on both sides of the border. The only official India-Pakistan border crossing point for persons who are not citizens of India or Pakistan is in the state of Punjab between Atari, India, and Wagah, Pakistan. The border crossing is usually open, but confirm the current status of the border crossing prior to commencing travel. A Pakistani visa is required to enter Pakistan. Only U.S. citizens residing in India may apply for a Pakistani visa in India. Otherwise apply for a Pakistani visa in your country of residence before traveling to India.

Visit our website for Travel to High-Risk Areas.

Northeastern States

Incidents of violence by ethnic insurgent groups, including bombings of buses, trains, rail lines, and markets, occur occasionally in the northeast.  

U.S. government employees are prohibited from traveling to the states of Assam, Arunachal Pradesh, Mizoram, Nagaland, Meghalaya, Tripura, and Manipur without special authorization from the U.S. Consulate General in Kolkata.

Visit our website for Travel to High-Risk Areas.

East Central and Southern India

Maoist extremist groups, or “Naxalites,” are active in a large swath of India from eastern Maharashtra and northern Telangana through western West Bengal, particularly in rural parts of Chhattisgarh and Jharkhand and on the borders of Telangana, Andhra Pradesh, Maharashtra, Madhya Pradesh, Uttar Pradesh, Bihar, West Bengal, and Odisha. The Naxalites have conducted frequent terrorist attacks on local police, paramilitary forces, and government officials. 

Due to the fluid nature of the threat, all U.S. government travelers to states with Naxalite activity must receive special authorization from the U.S. consulate responsible for the area to be visited. U.S. officials traveling only to the capital cities in these states do not need prior authorization.

Visit our website for Travel to High-Risk Areas.      

... [READ MORE]

Hague Convention Participation

Party to the Hague Abduction Convention?
No
U.S. Treaty Partner under the Hague Abduction Convention?
No

What You Can Do

Learn how to respond to abductions FROM the US
Learn how to respond to abductions TO the US

Embassies and Consulates

U.S. Embassy New Delhi

Shantipath, Chanakyapuri
New Delhi - 110021
India
Telephone: +(91) (11) 2419-8000
Emergency After-Hours Telephone: +(91) (11) 2419-8000
Fax: +(91) (11) 2419-0017

The U.S. Embassy, New Delhi serves American citizens in the Indian
states of Delhi, Haryana, Himachal Pradesh, Jammu and Kashmir,
Punjab, Rajasthan, Uttarakhand, Uttar Pradesh, and the country of
Bhutan.

Consulates

U.S. Consulate General Mumbai (Bombay)
C-49, G-Block, Bandra Kurla Complex
Bandra East, Mumbai 400051
India
Telephone: +(91) (22) 2672-4000
Emergency After-Hours Telephone: +(91) (22) 2672-4000 If you
are calling from within India, but outside Mumbai, first dial 022.
Fax: 91-(0)22-2672-4786

The Consulate General in Mumbai provides consular services for the
states of Goa, Gujarat, Chhatisgarh, Madhya Pradesh, Maharashtra,
Diu and Daman, and Dadra and Nagar Haveli.

U.S. Consulate General Kolkata (Calcutta)
5/1 Ho Chi Minh Sarani
Kolkata - 700 071,
West Bengal, India
Telephone: +(91) (33) 3984-2400
Emergency After-Hours Telephone: +(91) 99030 42956 or
+(91) (33) 3984-2400 then dial "0"
Fax: +(91) (33) 2282-2335

The United States Consulate General in Kolkata provides consular
services for the states of Bihar, West Bengal, Jharkhand, Nagaland,
Mizoram, Manipur, Meghalaya, Arunachal Pradesh, Sikkim, Tripura
and Assam.

U.S. Consulate General Chennai (Madras)
220 Anna Salai at Gemini Circle
Chennai, India 600006
Telephone: +(91) (44) 2857-4000
Emergency After-Hours Telephone: (0) 44-2857-4000. Ask for
American Citizen Services.(Within India, but outside Chennai, first
dial 044. From the United States, first dial 011-(91) (44) )
Fax: +(91) (044) 2811-2020

The Consulate General in Chennai provides consular services for the states of Tamil Nadu, Karnataka, Kerala, and the Union Territories of
Andaman and Nicobar Islands, Pondicherry and Lakshwadeep
Islands.

U.S. Consulate General Hyderabad
Paigah Palace
1-8-323, Chiran Fort Lane
Begumpet, Secunderabad 500 003
Hyderabad, India
Telephone: +(91) (40) 4033-8300
Emergency After-Hours Telephone: 4033-8300, and ask for
American Citizen Services.(If calling from within India, but outside Hyderabad, first dial 040. From the United States, first dial 011-(91) (40) .)
Fax: 4033-8306

The Consulate General in Hyderabad provides services to the U.S.
citizens in the Indian states of Andhra Pradesh, Telangana, and
Odisha.

General Information

For information concerning travel to India, including information about the location of the U.S. Embassy, the Smart Traveler Enrollment Program, entry/exit requirements, safety and security, crime, medical facilities and health information, traffic safety, road conditions and aviation safety, please see Country Specific Information for India.

The U.S. Department of State reports statistics and compliance information for individual countries in the Annual Report on International Parental Child Abduction (IPCA).  The report is located here.

 

Hague Abduction Convention

India is not a signatory to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (Hague Abduction Convention), nor are there any bilateral agreements in force between India and the United States concerning international parental child abduction.

Return

Legal systems and laws pertaining to custody, divorce, and parental abduction vary widely from country to country.  The government of India maintains information about custody, visitation, and family law on the India Code Legislation website. Parents are encouraged to consult with a local attorney who specializes in family law in India and who can provide accurate legal guidance that is specific to their circumstances. 

The Department of State’s Bureau of Consular Affairs, Directorate for Overseas Citizens Services, Office of Children’s Issues provides assistance in cases of international parental child abduction.  For U.S. citizen parents whose children have been wrongfully removed to or retained in countries that are not U.S. partners under the Hague Abduction Convention, the Office of Children’s Issues can provide information and resources about country-specific options for pursuing the return of or access to an abducted child.  The Office of Children’s Issues may also coordinate with appropriate foreign and U.S. government authorities about the welfare of abducted U.S. citizen children.  Parents are strongly encouraged to contact the Department of State for assistance.

Contact information:

United States Department of State
Bureau of Consular Affairs
Office of Children’s Issues
CA/OCS/CI  
SA-17, 9th Floor  
Washington, DC 20522-1709
Telephone:  1-888-407-4747
Outside the United States or Canada: 1-202-501-4444
Fax: 1-202-485-6221
Email: IndiaIPCA@state.gov
Website 

Parental child abduction is not a crime in India. Parents may wish to consult with an attorney in the United States and in the country to which the child has been removed or retained to learn more about how filing criminal charges may impact a custody case in the foreign court.  Please see Pressing Criminal Charges for more information. 

Visitation/Access

Legal systems and laws pertaining to custody, divorce, and parental abduction vary widely from country to country.  Parents are encouraged to consult with an attorney who specializes in family law in India and who can provide accurate legal guidance that is specific to their circumstances.

The Office of Children’s Issues may be able to assist parents seeking access to children who have been wrongfully removed from or retained outside the United States.  Parents who are seeking access to children who were not wrongfully removed from or retained outside the United States should contact the appropriate U.S. Embassy or Consulate in India for information and possible assistance.

Retaining an Attorney

Neither the Office of Children’s Issues nor consular officials at the U.S. Embassy or Consulates in India are authorized to provide legal advice. 

The U.S. Embassy and Consulates in India posts a list of attorneys, including those who specialize in family law.  

This list is provided as a courtesy service only and does not constitute an endorsement of any individual attorney. The Department of State assumes no responsibility or liability for the professional ability or reputation of, or the quality of services provided by, the persons or firms included in this list. Professional credentials and areas of expertise are provided directly by the lawyers.

Mediation

Mediation may be available in different states in India as an alternative to litigation for couples interested in attempting to reach a voluntary agreement.

Exercising Custody Rights

While travelling in a foreign country, you are subject to the laws of that country. It is important for parents to understand that, although a left-behind parent in the United States may have custody or visitation rights pursuant to a U.S. custody order, that order may not be valid and enforceable in the country in which the child is located.  For this reason, we strongly encourage you to speak to a local attorney if planning to remove a child from a foreign country without the consent of the other parent.  Attempts to remove your child to the United States may:

  • Endanger your child and others;
  • Prejudice any future judicial efforts; and
  • Could result in your arrest and imprisonment.

The U.S. government cannot interfere with another country’s court or law enforcement system.

To understand the legal effect of a U.S. order in a foreign country, a parent should consult with a local attorney in the country in which the child is located.  

For information about hiring an attorney abroad, see our section on Retaining a Foreign Attorney. 

Although we cannot recommend an attorney to you, most U.S. Embassies have lists of attorneys available online. Please visit the local U.S. Embassy or Consulate website for a full listing.

For more information on consular assistance for U.S. citizens arrested abroad, please see our website.

Country officers are available to speak with you Monday - Friday, 8:00 a.m. - 5:00 p.m.  For assistance with an abduction in progress or any emergency situation that occurs after normal business hours, on weekends, or federal holidays, please call toll free at 1-888-407-4747. See all contact information.

DISCLAIMER: The information in this flyer is provided for general information only, is not intended to be legal advice, and may change without notice. Questions involving interpretation of law should be addressed to an attorney licensed in the relevant jurisdiction. 

 

Last Updated: June 1, 2015

Assistance for U.S. Citizens

U.S. Embassy New Delhi
Shantipath, Chanakyapuri
New Delhi - 110021
India
Telephone
+(91) (11) 2419-8000
Emergency
+(91) (11) 2419-8000
Fax
+(91) (11) 2419-0017

India Map