CARA Tightens Adoption Procedures Nationwide
New Safeguards for Adoptees, Child Privacy
New Delhi: Seeking stricter compliance in the adoption system, the Central Adoption Resource Authority (CARA) has issued nationwide directions on adoption procedures, preservation of adoptee records and protection of children’s identities.
The directions, issued through three office memorandums to State Adoption Resource Agencies across States and Union Territories, reiterate statutory requirements under the Juvenile Justice (Care and Protection of Children) Act, 2015 and the Adoption Regulations, 2022. The authority has asked States and Union Territories to ensure strict compliance by institutions involved in the adoption process, including specialised adoption agencies and child care institutions responsible for the care and rehabilitation of children awaiting adoption.
Adoption under the juvenile justice framework is intended to secure a family for children who are orphaned, abandoned or surrendered. Section 56(1) of the law recognises adoption as a mechanism to ensure that such children grow up in a stable family environment while safeguarding the rights of biological families and children.
One of the memorandums reiterates the mandatory procedures and statutory timelines that must be followed before a child can be declared legally free for adoption. CARA clarified that no orphan or abandoned child can be declared legally free without completion of the due inquiry prescribed under law, including efforts to trace biological parents or guardians and explore the possibility of restoration to the family.
Children who are found abandoned or orphaned are produced before the Child Welfare Committee, the statutory authority responsible for determining their care and protection. The committee must conduct an inquiry based on reports from police authorities and institutions caring for the child before issuing an order declaring the child legally free for adoption.
The process includes verification of the child’s background, attempts by police and other authorities to trace biological parents or guardians and examination of relevant documentation before a final determination is made. Only after completion of these steps within the prescribed timeframe can the Child Welfare Committee issue the legally free for adoption declaration.
In the case of surrendered children, the authority has reiterated the statutory reconsideration period provided to biological parents. Under the law, parents who surrender a child must be given two months to reconsider their decision before the child can be declared legally free for adoption. The provision is intended to ensure that surrender takes place voluntarily and with full awareness of its implications.
CARA has also emphasised the importance of proper documentation and digital record-keeping through the national adoption management system maintained by the authority so that adoption cases can be monitored and processed within statutory timelines.
A second office memorandum focuses on the safekeeping, maintenance and transfer of records relating to children and adoptees. The clarification follows instances in which adult adoptees seeking information about their origins encountered difficulties because records were unavailable or had not been properly preserved.
Under the Adoption Regulations, 2022, adoptees who have reached adulthood may apply for a root search process to obtain available information about their biological background. Regulation 47(2) of the regulations provides the framework for such requests, subject to confidentiality safeguards.
CARA observed that in several cases, records were found to be missing because the specialised adoption agency or child care institution that handled the case had subsequently been closed, de-registered or de-recognised, merged with another institution or had its functions transferred to another authority.
The memorandum clarifies that responsibility for preserving adoption records continues irrespective of the operational status of the institution that originally handled the case. Even where institutions cease to function or undergo administrative restructuring, records relating to children and adoptees must be preserved and transferred to the designated authority.
States and Union Territories have therefore been asked to ensure that both physical and digital records are securely maintained and transferred whenever specialised adoption agencies or child care institutions close or undergo structural changes. Authorities have also been advised to make long-term arrangements for preservation of such records for future reference and to facilitate root search requests by adoptees.
CARA emphasised that adoption records must not be destroyed, discarded or rendered inaccessible except in accordance with the procedure laid down under law. Preservation of these records is considered essential because adoptees may seek access to information about their origins many years after an adoption has taken place.
The memorandum also refers to the confidentiality provisions contained in Section 99 of the Juvenile Justice (Care and Protection of Children) Act, 2015, which require that reports and records relating to children be handled with strict confidentiality.
A third office memorandum reiterates the legal prohibition on disclosure of the identity of children involved in the juvenile justice system. Section 74 of the law bars publication or communication of any information that may reveal the identity of a child in conflict with the law or a child in need of care and protection.
CARA has directed States and Union Territories to ensure strict compliance with these provisions across institutions dealing with children, including children residing in specialised adoption agencies and child care institutions. Officials have been asked to ensure that photographs, videos or identifying details of such children are not disclosed in any form of communication.
The directions state that such information must not be shared through official communications, media interactions or social media platforms, and that even indirect disclosure that could lead to identification of the child is prohibited.
States have also been advised to sensitise officials and staff involved in adoption and child protection systems about confidentiality requirements and the legal consequences of violations. Section 74(3) of the law provides for penal action where the identity of a child protected under the statute is disclosed in contravention of the prohibition.
Officials said the three directions together are intended to strengthen transparency, accountability and child protection within India’s adoption framework. By reiterating statutory procedures for declaring children legally free for adoption, clarifying obligations relating to preservation of records and reinforcing safeguards protecting children’s identities, CARA has sought to ensure more consistent implementation of the adoption system across the country.
The authority has urged States and Union Territories to ensure strict adherence to these directions through State Adoption Resource Agencies and associated institutions so that the adoption framework functions effectively while safeguarding the rights, dignity and privacy of children and adoptees.
– global bihari bureau
