This article has been written by Ms. GAURANGI, a BA.LL.B 3rd Year, student from LLOYD LAW COLLEGE

INTRODUCTION

The Central Adoption Resource Authority (CARA) stands as an autonomous and statutory entity within the Ministry of Women and Child Development in the Government of India, established in 1990. Operating under the Juvenile Justice (Care and Protection of Children) Act, 2015, CARA serves as the pivotal organization overseeing the adoption process for Indian children. With a focus on both in-country and inter-country adoptions, it is entrusted with the vital task of monitoring and regulating these proceedings. Recognized as the Central Authority for Inter-country adoptions, CARA aligns with the 1993 Hague Convention on Inter-country Adoption, a commitment solidified by the Government of India’s ratification in 2003. In essence, CARA plays a crucial role in ensuring the welfare and proper adoption procedures for children in need.

India’s adoption landscape is diverse, governed by multiple laws catering to different religious communities. The 1956 Hindu Adoption and Maintenance Act (HAMA) extended adoption rights to Hindus, Buddhists, Jains, Sikhs, and those subject to Hindu family law or custom. Meanwhile, the 1890 Guardians and Wards Act became applicable for others, offering guardianship rather than adoption for those outside Hindu family law or custom.

Central Adoption Resource Authority (CARA), established in 1990, emerged as a key player in the adoption framework. Tasked with overseeing the adoption of “orphaned, abandoned, and surrendered” children through recognized adoption agencies, CARA acts as the nodal body for in-country and inter-country adoptions.

In a progressive move, CARA, in 2018, expanded the scope of adoption by permitting individuals in live-in relationships to adopt children from and within India. This inclusive step reflects evolving societal norms and aims to provide loving homes for children irrespective of family structures, fostering a more compassionate and adaptable approach to adoption within the country.

HOW AND WHY CARA WAS ESTABLISHED?

In the intricate tapestry of adoption laws in India, the Hindu Adoption and Maintenance Act, 1956, and the Juvenile Justice (Care and Protection of Children) Act, 2015, stand as the primary legislative pillars. Surprisingly, beyond these statutes, no other law directly presides over the adoption procedure, creating a legal void. This deficiency, both non-secular and marked by ambiguous provisions, prompted a pivotal response.

Following a nudge from the Apex Court in the case of Mr. Craig Allen Coates v. State through Indian Council for Child Welfare and Welfare Home for Children, the Central Adoption Resource Authority (CARA) took a proactive stance. In 2011, CARA released a comprehensive set of guidelines, strategically designed to address the lacunae in adoption regulations. These guidelines assume an extra-regulatory role, wielding influence over both inter-country and domestic adoption processes.

By bridging legal gaps and incorporating the evolving dynamics of adoption, CARA’s guidelines contribute to a more inclusive and responsive adoption framework. This nuanced approach not only aligns with the court’s directive but also reflects a commitment to refining adoption practices in India, ensuring the well-being of children and fostering a more equitable and streamlined adoption process.

According to CARA, three classifications of adoptive children are recognized: 

1. children who are orphans and are already under the care of some specialized adoption agency or abandoned or surrendered. 
2.  it is often argued that the guidelines encourage in-country adoption than inter-country adoptions,
3. it is subject to the condition and rehabilitative status of the adoptive child.

The introduction of the Central Adoption Resource Authority (CARA) guidelines in 2011 marked a significant stride in acknowledging and incorporating international treaties and provisions into the Indian adoption framework. This regulatory initiative was a pioneering effort, recognizing the global relevance of adoption-related conventions within the Indian context. 

Rule 8(3) of the guidelines exemplifies this forward-looking approach. Under this rule, a groundbreaking provision emerges, underscoring the alignment with international standards. Specifically, citizens hailing from “countries that have ratified the Hague Convention on Inter-Country Adoption in 1993” are deemed eligible to adopt a child from India. This criterion not only underscores India’s commitment to harmonizing its adoption practices with global standards but also emphasizes the importance of adherence to established international frameworks. Remarkably, the inclusivity extends further to encompass Indian nationals residing in countries that are not signatories to the Convention. This reflects a nuanced recognition of the diverse diaspora and underscores the paramount importance of providing loving and stable homes for children, irrespective of geographical boundaries or the legal status of adoption conventions in their respective countries of residence. In essence, these guidelines stand as a testament to India’s dedication to creating a robust, internationally sensitive adoption ecosystem.

It also lists out an order of priority concerning inter-country adoptions, as follows:

1. Non Resident Indian (NRI)
2. Overseas Citizen of India (OCI)
3. Persons of Indian Origin (PIO)
4. Foreign Nationals 

ADOPTION IN INDIA

Adoption transforms the status of an abandoned, surrendered, or orphaned child, conferring upon them the legal identity of the adoptive parents’ lawful child. This grants the adopted child the full array of rights, privileges, and responsibilities akin to those of a biological child.

In the realm of adoption from India, a set of fundamental principles guides the process, ensuring the welfare and well-being of the children involved. 

1. Foremost among these principles is an unwavering commitment to prioritize the best interests of the child in every facet of the adoption journey. This cornerstone underscores the ethical and compassionate approach that governs adoption placements.
2. A second pivotal principle underscores a preference for placing the child with adopted parents who are Indian citizens. Furthermore, there is a distinct emphasis on maintaining a connection with the child’s socio-cultural environment whenever possible. This directive recognizes the profound impact of cultural context on a child’s identity and development, aiming to foster a sense of belonging and continuity.
3. In alignment with contemporary practices and technological advancements, another crucial aspect involves the mandatory registration of all adoptions on the Child Adoption Resource Information and Guidance System (CARINGS). This digital platform not only streamlines the adoption process but also serves as a repository of information. Simultaneously, CARA upholds the confidentiality of these records, safeguarding sensitive information and ensuring privacy for all parties involved.

Collectively, these fundamental principles encapsulate a holistic approach to adoption, grounded in the child’s best interests, cultural sensitivity, and the transparent, secure management of adoption records through modern information systems.

Apart from CARA, there are other mandated organisations also which handle adoptions in India. They are as follows:

1. State Adoption Resource Agency (SARA): Nodal body within the state to monitor & promote adoption and non-institutional care in coordination with CARA.
2.  Specialized Adoption Agency (SAA): Agencies recognised by the State Government for the placement of children in adoption.
3. Authorised Foreign Adoption Agency (AFAA): A foreign social or child welfare agency that is authorised by CARA on the basis of recommendations of a foreign country’s adoption authority or govt department for all matters relating to the adoption of an Indian child by a citizen of that country.
4. District Child Protection Unit (DCPU): A unit established by the state government at the district level for identifying orphaned, surrendered and abandoned children in the district. It also gets them declared legally free for adoption by the child welfare committees.

WHO CAN ADOPT A CHILD?

Prospective adoptive parents must meet specific criteria to legally qualify for adopting a child in India.The criteria are as follows:

1. Prospective adoptive parents seeking legal eligibility in India must demonstrate stability across physical, mental, and emotional dimensions. Financial capability is a key criterion, ensuring the prospective parents can provide a secure and nurturing environment for the adopted child. Motivation to embrace adoption is a pivotal factor, reflecting the genuine desire to extend a loving home to a child in need. Additionally, the absence of life-threatening medical conditions is imperative to ensure the adoptive parents can fulfill their responsibilities effectively.
2. irrespective of marital status or whether they already have a biological child, prospective parents meeting all other adoption criteria are eligible to adopt. This inclusive stance recognizes that the capacity for love, care, and a stable upbringing is not confined to specific family structures. By removing restrictions based on marital status or existing biological children, the adoption process aims to prioritize the overarching goal of providing a nurturing and supportive environment for children, fostering a diverse array of loving families across India. In essence, the emphasis lies on the prospective parents’ ability to meet the essential requirements, allowing a broad spectrum of individuals and couples to contribute to the transformative journey of adoption.
3. A single female is eligible to adopt a male or female child.
4. A single male is not eligible to adopt a female child.
5. For couples embarking on the adoption process, the approval and consent of both partners are essential. Furthermore, a prerequisite for adoption eligibility is the completion of a minimum of two years in a stable marital relationship. Couples with more than four children are ineligible for adoption consideration. 
6. there must be a minimum age difference of at least 25 years between the child and either of the prospective adoptive parents.

Eligibility of the child to be adopted:

1. Any orphaned, surrendered or abandoned child declared free for adoption by the child welfare committee.
2. A child of a relative as defined in the Juvenile Justice Act.
3. Child or children of the spouse from an earlier marriage, surrendered by the biological parent(s) for adoption by the step-parent.

Legal Framework Governing Adoption in India

Adoption in India falls under the legal purview of the Hindu Adoption and Maintenance Act, 1956, applicable to Hindus, Jains, Sikhs, and Buddhists. Additionally, the Guardians and Wards Act, 1890, governs adoption for Muslims, Christians, Jews, and Parsis.

Procedure to be followed in adoption:

1. Prospective parents should register themselves with the Child Adoption Resource Information and Guidance System (CARINGS) of CARA.
2. Then the specialised adoption agency (SSA) conducts a Home Study Report (HSR) of the prospective adoptive parents and uploads the data on CARINGS.
3. The suitability of the parents are determined and if not found suitable, they are rejected and informed of the reasons.
4. The prospective adoptive parents can reserve from one to six children for adoption.
5. Within a stipulated time, the parents visit the adoption agency to finalize the child. If they do not finalize within the period, they come down on the seniority list.

1. Once the child is finalized, the SAA completes the referral and adoption process on CARINGS.
2. Then the parents take in the child for pre-adoption foster care and the SSA files the petition in the court.
3. Then the court issues the adoption order.
4. Post-adoption follow-up reports are conducted for a period of two years.

 CONCLUSION

The adoption guidelines, though remarkably streamlined, face a notable limitation in their non-binding nature. Recognizing the potential for improvement, a forward-looking perspective suggests envisioning a future where these guidelines become enforceable, ensuring a more robust adoption framework.

In this visionary approach, the guidelines present a compact yet comprehensive set of recommendations that could significantly enhance the adoption process. Addressing current shortcomings in prevailing adoption laws, the emphasis lies on incorporating features that alleviate challenges for authorities and prospective parents while safeguarding the child’s well-being.

Proposed enhancements include introducing penalties for violations of guideline provisions, infusing a deterrent element. Simultaneously, tightening the screening process for adoption agencies becomes imperative to elevate standards and reliability. To fortify the adoption landscape further, disseminating these guidelines to lower courts is crucial. This awareness ensures that judicial entities actively contribute to upholding human rights, safeguarding the child’s well-being, and respecting parents’ rights to adopt, irrespective of religion or marital status.

Ultimately, the envisioned adoption process seeks uniformity, stringency, and benefit for all involved parties. By instilling a more enforceable and proactive framework, the adoption journey can evolve into a more secure, efficient, and equitable experience for prospective parents, authorities, and, most importantly, the children awaiting loving homes.

REFERENCE

https://vikaspedia.in/social-welfare/women-and-child-development/child-development-1/child-adoption/central-adoption-resource-authority

https://byjus.com/free-ias-prep/central-adoption-resource-authority-cara/

https://testbook.com/ias-preparation/central-adoption-resource-authority-cara

https://www.legalserviceindia.com/legal/article-9956-cara-guidelines-scope-strength-and-success.html