Central Adoption Resource Authority (CARA) has issued memorandums in accordance with the provisions of Juvenile Justice (Care and Protection of Children) Act (JJ ACT), 2015 (as amended in 2021) and the Adoption Regulations, 2022.
Key Directions
- Mandatory Strict due process: Due inquiry, tracing parents, restoration effort within the prescribed timeframe before declaring a child legally free; 2-month reconsideration for surrendered children.
- Record management:
- All adoption records to be securely preserved and properly transferred, even if institutions shut down.
- Records cannot be destroyed/made inaccessible except as per legal provisions.
- Absolute prohibition on disclosure of child identity: States must ensure sensitisation and penal action for violations.
Child Adoption Regulations in India
- Nodal Ministry: Ministry of Women and Child Development
- Primary legislations: JJ ACT,2015 and Hindu Adoption and Maintenance Act, 1956
- The Guardians and Wards Act, 1890 governs guardianship, particularly for Muslims and Christians, as their personal laws do not recognise full adoption.
- Agencies established under JJ ACT:
- National level: CARA as nodal body for-
- In-country (domestic) adoption and
- Inter-country (international) adoption in accordance with provisions of Hague Convention on Inter-country Adoption, 1993 (Ratified by India in 2003).
- State/Local level: State Adoption Resource Agencies (SARA); Local Child Welfare Committees; District Child Protection Units (DCPUs)
- National level: CARA as nodal body for-