CENTRAL ADOPTION RESOURCE AUTHORITY (CARA)

INTRODUCTION

Adoption has been a custom in India since the beginning of time. Although the act of adoption remains the same, the goal for which it is performed has changed. It typically ranged from the humanitarian goal of caring for a neglected or destitute child to the financial goal of raising a child.

The Ministry of Welfare, Government of India, established the Central Adoption Resource Agency (CARA) in June 1990 with the primary goals of regulating, overseeing, and promoting the adoption of orphaned, abandoned, or surrendered children.

• Central Adoption Resource Authority (CARA) is a statutory body of the Ministry of Women & Child Development, Government of India.
• It serves as the central authority for the adoption of Indian children and has oversight and control over both domestic and international adoptions.
• In accordance with the terms of the Hague Convention on Inter-Country Adoption, 1993, which the Government of India ratified in 2003, CARA has been designated as the Central Authority to handle inter-country adoptions.
• Through its affiliated or recognized adoption agencies, CARA focuses largely on the adoption of orphan, abandoned, and surrendered children.

WHAT ARE THE VISION OF CARA?

The goal of CARA is to place children who lack parental care, especially those who are orphaned, abandoned, and surrendered, with a loving and caring home. Its goal is to bring adoption services to every region of the nation and work quickly to rehabilitate children through adoption.

ESSENTIAL PRINCIPLES THAT SHAPE ADOPTION REGULATIONS  IN INDIA 

• When processing any adoption placement, the child’s best interests must come first.
• It is preferred that the child be placed for adoption with Indian nationals and that, to the extent possible, the child be raised in his native socio-cultural environment.
• All adoptions must be registered on the Child Adoption Resource Information and Guidance System (CARINGS) and are subject to the 2017 Adoption Regulations.
• The Authority and its affiliated Agencies are required to ensure appropriate secrecy.

WHAT IS THE AIM OF CARA?

• Encourage and facilitate the adoption of abandoned, abused, and abandoned children.
• Regulate international adoptions, relative adoptions, and stepchild adoptions.
• Simplify the adoption process and method of delivery.

THE FUNCTIONS OF CARA

– In accordance with Section 68 of the JJ Act of 2015.

– Encourage domestic adoptions and make interstate adoptions easier in coordination with state agencies.

-Monitor International Adoptions.

– Whenever it may be necessary, Frame regulations on adoption and related topics.

-To fulfil the duties assigned to the Central Authority by the 1993 Hague Convention on the Protection of Children and Cooperation Regarding Intercountry Adoption.

• Any further tasks that may be required

THE ACTIVITIES OF CARA.

• Monitor and oversee the procedure for in-country adoption.
• Receive and process applications from non-resident Indians, overseas Indian citizens, or foreigners living abroad through an authorised adoption agency, the Central Authority, the concerned government agency, or the Indian diplomatic mission
• Receive and process applications from non-resident Indians or overseas Indian citizens who have lived in India for at least one year and are interested in adopting a child from another country.
• Notify the Indian immigration authorities and the nation that will be adopting the child about the intercountry adoption cases;
• Through training, workshops, exposure visits, consultations, conferences, seminars, and other capacity-building programmes, grant support and direction to State Adoption Resource Agencies, District Child Protection Units, Specialized Adoption Agencies, and other stakeholders of adoption in related matters;
• Work with state governments or state adoption resource agencies to advise them on issues pertaining to adoption
• To establish a counselling centre at its headquarters and to assist state adoption resource organisations in doing the same at the state and district levels for the following purposes: 
• Counselling of potential adoptive parents.
• Where necessary, older children’s counselling.
• When necessary, preparing post-adoption follow-up reports.
• Adopted children and adoptive parents should receive post-adoption counselling.
• Supporting and counselling elder adoptees who are conducting a root search.

THE STRATEGY OF CARA

• Increasing the use of information technology to simplify and make the adoption process transparent.
• Increasing professionalism through the development of capacity.
• Raising the bar for service delivery
• Creating uniform standards for stakeholders and service providers.

ADOPTION AGENCIES OTHER THAN CARA IN INDIA.

• Specialised Adoption agencies (SAAs) and Child Care Institutions (CCIs) are set up under Sec 65 of the JJ Act 2015, respectively. 
• Child Welfare Committees (CWCs)are set up under Sec 27 of the JJ Act, 2015. 
• District Child Protection Units (DCPUs) are set up under Sec 106 of the JJ Act, 2015 and the Integrated Child Protection Scheme (ICPS). 
• Departments concerned of State Governments/ UTs and SARA are set up under Sec 67 of the JJ Act, 2015 & Reg. 33(2) of Adoption Regulations 2017. 
• Authorized Foreign Adoption Agencies (AFAA) and Central Authorities (CAs) in the receiving country (Reg. 31 of Adoption Regulations 2017).
• Central Government Ministries/Departments/Attached and Subordinate offices Concerned as well as Concerned Autonomous bodies.
• Foreign Diplomatic Missions in India.
• Indian Diplomatic Missions abroad. (Regulation 40 of Adoption Regulations, 2017).

 THE RESPONSIBILITIES OF THE STATE GOVERNMENT AND STATE AGENCIES.

-According to Regulation 33(2) of the 2017 Adoption Regulation, the State  Government and State Adoption Resource Agency have the following responsibilities

• They have responsibilities to Promote, oversee, and regulate and monitoring the State’s adoption programme.
• Register all children’s homes in childcare institutions according to the act.
• Acknowledge one or more of these child care facilities in each district to be specialised adoption agencies.
• Actively promote the state’s adoption agencies’ contact information at least once per year.
• Subject to good performance, renew the Specialized Adoption Agency’s registration every five years.
• Identify childcare institutions that are not accredited as specialised adoption agencies and establish connections between them and such organisations to make it easier for eligible children who are enrolled in such institutions to be adopted.
• Track the adoption programme and its initiatives
• Find specialised adoption agencies or child care facilities that can provide special needs children with long-term, high-quality care and treatment, including those who are HIV-positive or AIDS-positive as well as those who are mentally or physically challenged, and facilitate the transfer of such children to these facilities.
• Take the necessary actions to expand the adoption programme in the State, including enhancing the knowledge base, conducting research and documenting findings, improving the child tracking system, engaging in training and development activities, advocating for adoption rights, and monitoring and evaluating the programme.
• Take the necessary actions to expand the adoption programme in the State, including enhancing the knowledge base, conducting research and documenting findings, improving the child tracking system, engaging in training and development activities, advocating for adoption rights, and monitoring and evaluating the programme.

     THE ELIGIBILITY CRITERIA TO ADOPT THE CHILD. 

• They should not have any conditions that would put their lives in danger, and they should be financially capable, emotionally and physically stable, and eager to adopt a child.
• A single female is qualified to adopt either a boy or a girl.
• Regardless of their marital status or whether they already have a biological children of their own, prospective parents can adopt if they meet all other adoption requirements.
• A male singleton cannot adopt a female child.
• The consent of both parties is required in a couple’s adoption. Additionally, they should have been engaged in marriage for at least two years.
• More than four children in a couple are not taken into consideration for adoption. A minimum age difference of 25 years must exist between the child and either prospective adoptive parent.
• The age of prospective adoptive parents as of the registration date will be taken into consideration when determining their eligibility and their ability to apply for children of various age groups.

  ELIGIBILITY OF THE CHILD TO BE ADOPTED

• Any orphaned, surrendered or abandoned child is declared free for adoption by the child welfare committee.
• A child of a relative as defined in the Juvenile Justice Act.

• Child or children of the spouse from an earlier marriage, surrendered by the biological parent(s) for adoption by the step-parent.

ADOPTION PROCEDURE TO BE FOLLOWED

• The Child Adoption Resource Information and Guidance System (CARINGS) of CARA are where prospective parents should register.
• Then the specialised adoption agency (SSA) conducts a Home Study Report (HSR) of the prospective adoptive parents and uploads the data on CARINGS.
• The parents’ suitability is examined, and if they are deemed unsuitable, they are rejected and given the details of the decision.
• One to six children may be reserved for adoption by the prospective adoptive parents.
• The parents go to the adoption agency within a certain time frame to finalise the adoption of the child. They drop on the seniority list if they don’t finalise within the time frame.
• The SAA completes the referral and adoption procedure on carings once the child’s adoption is finalised.

THE KEY POINTS TO REMEMBER FOR PROSPECTIVE ADOPTIVE PARENTS (PAPs) 

-Only adopt from Specialised Adoption Agencies (SAAs) recognised by State Governments.

CASE LAW

Lakshmi Kant Pandey v. Union of India in this case the Court made a point of noting that the lack of legal oversight of international adoptions in India might be extremely harmful to Indian children, who might, for instance, be exposed to abuses like profiteering or trafficking. The Court established a thorough framework of normative and procedural safeguards for regulating inter-country adoption in order to protect children’s welfare and to ensure their security in healthy, decent family life. The Court did this in consultation with several social or child welfare institutions.