CARA’s Directives over Adoption of Children

Context

The Central Adoption Resource Authority (CARA) has issued instructions to all State Adoption Resource Agencies (SARAs) under powers conferred by Section 70(1)(a) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (as amended in 2021), and as per the Adoption Regulations, 2022. 

Key Highlights

• Designation of Qualified Counsellors: SARAs are mandated to designate or empanel qualified counsellors at district and state levels, preferably with backgrounds in child psychology, mental health, or social work.
• Post-Adoption Counselling: Psychosocial intervention to be provided below cases as assessed by Specialised Adoption Agencies (SAAs) or District Child Protection Units (DCPUs).
• Counselling for Biological Parents: Biological parents surrendering children for adoption should be counselled about the legal finality in their selection after 60 days and the child’s future right to undertake a root seek (Regulations 7(11) and 30(2)(c)).
• Documentation: All counselling classes and psychosocial interventions have to be systematically recorded and documented at both SAA and DCPU levels to ensure transparency and continuity of care.

Adoption in India governed under two major legal regimes

• Hindu Adoption and Maintenance Act (HAMA), 1956: Applies to Hindus, Buddhists, Jains, and Sikhs.
  • Does not require court involvement.
  • Governed by personal laws, but have to comply with positive conditions under HAMA.
• Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act): Applies to all Indian citizens (no matter faith).
  • Covers adoption through court orders and is administered by Central Adoption Resource Authority (CARA) under Ministry of Women and Child Development.
  • CARA is the statutory body that monitors and regulates adoption of orphaned, abandoned, and surrendered children by identified adoption groups.

Adoption Under CARA

• Children must be:

• • Declared legally free for adoption by a Child Welfare Committee (CWC).
  • Below 18 years of age.
  • Either deserted, surrendered, or orphaned.
• Eligibility for a Parent Under JJ Act (by CARA): Any Indian citizen (which includes NRIs, OCI cardholders).
  • Married couples (minimum 2 years of stable marriage).
  • Single individuals (unmarried, divorced, widowed).
  • The age distinction between adoptive parent and child should be no less than 25 years.
  • Maximum composite age limits (for both spouses mixed or a single discern) are up to 45 years for adopting a child under 4 years.
  • Up to 50 years for children aged 4–8 years.
  • Up to 55 years for children aged 8–18 years.
• Exception: The age criteria for potential adoptive parents shall not be applicable in case of relative adoptions and adoption by step-parent.
• Non-industrial: Any sale or payment for adoption is illegal.
• Prohibited Categories: Live-in couples and same-sex couples are presently not eligible under CARA guidelines.

Source: The Hindu

Mains PYQ

Q. Examine the main provisions of the National Child Policy and throw light on the status of its implementation. (2016)

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