CARA issues nationwide directions to strengthen adoption procedures | Current Affairs | Vision IAS

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In Summary

  • CARA issued memorandums under JJ Act, 2015 (amended 2021) and Adoption Regulations, 2022, emphasizing strict due process before declaring a child legally free.
  • Mandatory record management and absolute prohibition on disclosure of child identity are enforced, with penal action for violations.
  • Key legislations include JJ Act, 2015, Hindu Adoption and Maintenance Act, 1956, and Guardians and Wards Act, 1890; CARA is the nodal body for adoptions.

In Summary

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)
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Guardians and Wards Act, 1890

This Act governs guardianship matters in India, particularly for communities like Muslims and Christians whose personal laws do not recognize full adoption in the same way as the Hindu Adoption and Maintenance Act. It deals with appointing guardians rather than legal adoption.

Hindu Adoption and Maintenance Act, 1956

A personal law that governs adoption for Hindus, Sikhs, Buddhists, and Jains in India. It provides specific conditions and effects of adoption within these religious communities.

State Adoption Resource Agencies (SARA)

These are state-level bodies that act as resource agencies for adoption within their respective states. They work under the guidance of CARA to facilitate domestic adoptions and implement adoption-related policies at the state level.

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