Why in the News?

In a major step toward digital adoption reform, Central Adoption Resource Authority (CARA) has confirmed that digitally certified adoption orders sent by e-mail are now legally valid under current rules.

Child Adoption in India: Legal Framework and Process

• Adoption in India is governed by multiple laws, depending on the religion and category of the child:

1. 1. Hindu Adoption and Maintenance Act (HAMA), 1956: Applies to Hindus, Jains, Sikhs, and Buddhists.
   2. Juvenile Justice (Care and Protection of Children) Act, 2015: Applies to all religions and governs adoption of orphans, abandoned, and surrendered children.
   3. Guardians and Wards Act, 1890: Applies to Muslims, Christians, Jews, Parsis (allows guardianship, not full adoption).

• Who can be adopted:

• • Children declared legally free by a Child Welfare Committee (CWC).
  • Children of relatives (uncle, aunt, or grandparent).
  • Stepchildren surrendered by biological parents.

• Who can adopt:

• • Indian citizens, NRIs, OCIs, and certain foreign nationals (under strict guidelines).
  • Must be mentally, physically, and financially stable with no life-threatening conditions.
  • Married couples: Stable relationship of at least two years; combined age ≤ 110 years.
  • Single women can adopt any child; single men cannot adopt girls.
  • Minimum age gap of 25 years between the adoptive parent and the child.
  • Couples with three or more children are generally not eligible unless adopting children with special needs.

• Adoption Process:

• • Online registration on CARA’s CARINGS portal; Submission of documents and Home Study Report.
  • Counseling sessions by licensed agencies.
  • Matching of child and parents; Acceptance and foster care phase.
  • Legal adoption order issued by the District Magistrate (post-2021 amendment).
  • Two-year follow-up by the adoption agency.

Role of Central Adoption Resource Authority (CARA):

• CARA is India’s statutory body under the Ministry of Women and Child Development, and functions as the central regulatory authority for all adoptions:
• Established in 1990, CARA became a statutory body in 2015 under Section 68 of the JJ Act.
• It is the only legally empowered authority for in-country and inter-country adoption of Indian children.
• India’s Hague Convention central authority, responsible for overseeing foreign adoptions (India ratified the convention in 2003).

Key Functions of CARA:

CARA plays a pivotal role in the adoption ecosystem through the following functions:

• Regulation and Oversight
  • Monitors all adoptions—domestic and inter-country—through licensed agencies.
  • Ensures adoptions are in compliance with laws and child rights standards.
• Platform and Technology: It operates the CARINGS portal (Child Adoption Resource Information and Guidance System) for:
  • Registration of prospective adoptive parents.
  • Tracking adoption progress.
  • Referrals and matching children with parents.
• Inter-Agency Coordination: It coordinates with:
  • State Adoption Resource Agencies (SARAs)
  • District Child Protection Units (DCPUs)
  • Specialised Adoption Agencies (SAAs)
  • Authorized Foreign Adoption Agencies (AFAAs)
• Legal and Policy Role
  • Issues No Objection Certificates (NOC) and Conformity Certificates for inter-country adoptions.
  • Drafts and revises Adoption Regulations (latest version: 2022).
  • Issues clarifications and advisories, e.g., recognition of digitally certified adoption orders.
• Promotion of In-country Adoptions
  • Encourages domestic adoption over inter-country adoption, especially for orphans and abandoned children.
  • Launches awareness campaigns to reduce illegal adoptions and child trafficking.
• Post-Adoption Monitoring
  • Ensures the well-being of adopted children through follow-up reports for two years.
  • Promotes integration of children into adoptive families through counseling and support.
• Policy Innovation and Reforms
  • Oversees foster-to-adoption transitions (notably in Jammu & Kashmir).
  • Expanding agency networks—245 new agencies added (2024–25).
  • New modules for step-parent and relative adoptions.

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