Central Adoption Resource Authority (CARA)

CARA clarified that digitally certified adoption orders sent via email are legally valid and hard copies are not mandatory for adoptive parents. This aims to simplify and speed up adoption procedures.

About CARA

• Established: 1990 as an autonomous body; became a statutory body under Section 68 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act 2015).

  Ministry: Functions under the Ministry of Women & Child Development, Government of India.

  Role: Nodal agency for in-country and inter-country child adoption regulation and monitoring.

  International Role: Designated Central Authority for inter-country adoption as per the Hague Convention on Intercountry Adoption, 1993, ratified by India in 2003.

  Focus: Adoption of orphaned, abandoned, and surrendered children through recognized adoption agencies.

Functions of CARA

1. Adoption Regulation & Facilitation:

   • Monitor and regulate in-country adoptions.

     Process applications from NRIs, OCIs, and foreigners for adopting Indian children.

     Issue No Objection Certificates and Conformity Certificates for inter-country adoptions under Hague Convention.

     Coordinate with immigration authorities regarding child adoption cases abroad.

2. Support & Capacity Building:

   • Guide and support State Adoption Resource Agencies (SARA), District Child Protection Units (DCPUs), Specialised Adoption Agencies (SAAs), and other stakeholders.

     Conduct trainings, workshops, seminars, and other capacity-building programs.

3. Coordination & Advisory:

   • Coordinate with State Governments and advise on adoption policies and procedures.

     Establish uniform standards and indicators for adoption services.

4. Research & Data Management:

   • Maintain centralized, confidential databases of children and prospective adoptive parents through the Child Adoption Resource Information and Guidance System (CARINGS).

     Conduct research and publish reports related to adoption.

5. Advocacy & Awareness:

   • Carry out awareness campaigns and communication efforts to promote adoption and non-institutional child care services.

6. International Cooperation:

   • Enter into bilateral agreements with foreign adoption authorities as per Hague Convention requirements.

     Authorize foreign adoption agencies to sponsor adoption applications of NRIs, OCIs, and foreigners.

7. Counseling & Support Services:

   • Operate counseling centers at the central level and support states in establishing counseling services for adoption-related matters.

Regulatory Oversight

CARA regulates and monitors bodies including:

• State Adoption Resource Agencies (SARA)

  Specialised Adoption Agencies (SAA)

  Authorised Foreign Adoption Agencies (AFAA)

  Child Welfare Committees (CWC)

  District Child Protection Units (DPU)

Objectives and Mandate

• Regulate and monitor both in-country and inter-country adoption procedures in India.

  Ensure that all adoptions are conducted in the best interest of the child.

  Comply with the Hague Convention on Protection of Children and Co-operation (1993), which India ratified in 2003.

  Cater to Indian residents as well as Non-Resident Indians (NRIs).

Laws Governing Adoption in India

India primarily follows two laws that regulate adoption:

1. Hindu Adoption and Maintenance Act (HAMA), 1956

• Applicability:
  Applicable to Hindus, Buddhists, Jains, and Sikhs.

• Adoption Procedure:
  Adoption is legally recognized through:

  • A “dattaka hom” ceremony (traditional adoption ritual), or

    An adoption deed, or

    A court order.

  Legal Effect:
  These methods grant irrevocable adoption rights over the child.

  Eligibility:
  Eligibility criteria are defined under the Act but are separate from the Juvenile Justice Act.

2. Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act 2015)

• Applicability:
  Applies universally, regardless of religion, making it the primary adoption law for non-Hindus and those seeking to adopt through CARA.

  Procedure:

  • Prospective adoptive parents register on the CARA portal.

    A Specialised Adoption Agency (SAA) conducts a home study report to assess eligibility.

    Once eligibility is confirmed, a child legally declared free for adoption is referred to the applicant.

  Focus:
  Child welfare-centric process ensuring legal safeguards and transparency.

Juvenile Justice (Care and Protection of Children) Amendment Act, 2021

• Key Change:
  District Magistrates (DMs) and Additional District Magistrates (ADMs) are now authorized to issue adoption orders under Section 61 of the Juvenile Justice (JJ) Act, 2015.

  Earlier System:
  Previously, only civil courts could issue adoption orders, which often caused delays.

  Impact:
  This decentralization has sped up the adoption process at the district level.

Major Challenges in Adoption in India

1. Lengthy and Complex Adoption Process

   • The adoption procedure is bureaucratic and slow, causing delays in child placements.

     Statistics show over 30,000 prospective parents are waiting to adopt, but only about 2,131 children are legally free for adoption.

     Nearly two-thirds of these children have special needs, and the process takes up to 3 years to complete.

2. Illegal and Unregulated Practices

   • Cases of baby trafficking, child-selling, and unregistered agencies exploiting vulnerable children and parents have been reported.

     Notable incident: In 2018, a “baby-selling racket” scandal involved Mother Teresa’s Missionaries of Charity in Ranchi.

3. Returning Adopted Children

   • A growing issue where adoptive parents return children to child care institutions.

     From CARA data in 2020: over 1,100 children have been returned in the last five years, indicating potential gaps in post-adoption support.

Way Forward: Recommendations to Improve Adoption

1. Strengthening Adoption Laws

   • Review and update laws to simplify the process and ensure transparency.

     Address procedural delays, ambiguities, and close legal loopholes.

2. Post-Adoption Services

   • Establish support services like counseling, healthcare, education, and guidance for adoptive families.

     Help manage challenges after adoption to reduce returns and ensure child welfare.

3. Awareness and Education

   • Promote public awareness about adoption as a positive family-building option.

     Dispel myths and stigma related to adoption through education campaigns.