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:
-
- Hindu Adoption and Maintenance Act (HAMA), 1956: Applies to Hindus, Jains, Sikhs, and Buddhists.
- Juvenile Justice (Care and Protection of Children) Act, 2015: Applies to all religions and governs adoption of orphans, abandoned, and surrendered children.
- 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.
[UPSC 2016] Examine the main provisions of the National Child Policy and throw light on the status of its implementation. |
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024