CARA Issues Nationwide Directions to Strengthen Adoption Procedures

Syllabus: GS1/Society

Context

• The Central Adoption Resource Authority (CARA) has issued three important Office Memorandums to all State Adoption Resource Agencies (SARAs) to reinforce compliance with adoption procedures.

CARA Directions

• Aim: To strengthen transparency, accountability and child protection within the adoption ecosystem.
• First Memorandum: No orphan or abandoned child can be declared legally free for adoption without the completion of due inquiry.
  • In case of surrendered children, the mandatory reconsideration period of two months must be strictly followed.
• Second Memorandum: The states and Union territories have been asked to ensure that all physical and digital records are securely preserved and transferred to the designated authority or institution.
• Third Memorandum: CARA directed the states and UTs to ensure strict compliance with Section 74, which prohibits disclosure of the identity of children in conflict with law or those in need of care and protection.

Child Adoption Regulations in India

• Hindu Adoption and Maintenance Act (HAMA), 1956: Applies to Hindus, Buddhists, Jains, and Sikhs.
  • Does not require court involvement.
  • Governed by personal laws, but must follow certain conditions under HAMA.
• Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act): Applies to all Indian citizens (irrespective of religion).
  • 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 through recognized adoption agencies.

Adoption Under CARA

• Children must be:
  • Declared legally free for adoption by a Child Welfare Committee (CWC).
  • Below 18 years of age.
  • Either abandoned, surrendered, or orphaned.
• Eligibility for a Parent Under JJ Act (via CARA): Any Indian citizen (including NRIs, OCI cardholders).
  • Married couples (minimum 2 years of stable marriage).
  • Single individuals (unmarried, divorced, widowed).
  • The age difference between adoptive parent and child should be a minimum of 25 years.
  • Maximum composite age limits (for both spouses combined or a single parent) are up to 45 years for adopting a child below 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 prospective adoptive parents shall not be applicable in case of relative adoptions and adoption by step-parent.
• Non-commercial: Any sale or payment for adoption is illegal.
• Prohibited Categories: Live-in couples and same-sex couples are currently not eligible under CARA guidelines.

Source: PIB