Syllabus: GS2/ Governance
In News
- The Central Adoption Resource Authority (CARA) has issued directions 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 Provisions of the Directives
- Designation of Qualified Counsellors: SARAs are mandated to designate or empanel qualified counsellors at district and state levels, ideally with backgrounds in child psychology, mental health, or social work.
- Post-Adoption Counselling: Psychosocial intervention to be provided under circumstances as assessed by Specialised Adoption Agencies (SAAs) or District Child Protection Units (DCPUs).
- Counselling for Biological Parents: Biological parents surrendering children for adoption must be counselled about the legal finality of their decision after 60 days and the child’s future right to undertake a root search (Regulations 7(11) and 30(2)(c)).
- Documentation: All counselling sessions and psychosocial interventions must be systematically recorded and documented at both SAA and DCPU levels to ensure transparency and continuity of care.
Adoption in India is 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 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: TH
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