CARA Issues Nationwide Directions To Strengthen Adoption Procedures, Protect Children's Identity
CARA Issues Nationwide Directions To Strengthen Adoption Procedures, Protect Children's Identity
CARA clarified that no orphan or abandoned child can be declared legally free for adoption without completion of due inquiry within the prescribed timeframe.
New Delhi: The Central Adoption Resource Authority (CARA) has issued fresh directions to all states and Union Territories (UTs) to strengthen adoption procedures, safeguard records of adoptees and ensure strict protection of children's identity.
The directions have been issued in line with the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015, amended in 2021, and the Adoption Regulations, 2022. Adoption under the Juvenile Justice Act is meant to secure the right to a family for orphaned, abandoned and surrendered children, as provided under Section 56(1) of the law, stated Ministry of Women and Child Development in an official release.
Through the first Office Memorandum, CARA, a statutory body under W&CD Ministry, has reiterated that all statutory procedures and timelines must be strictly followed before declaring a child legally free for adoption.
The authority clarified that no orphan or abandoned child can be declared legally free for adoption without completing due inquiry, efforts to trace biological parents, restoration attempts and other legal requirements within the prescribed timeframe.
In cases involving surrendered children, CARA said the mandatory reconsideration period of two months, as provided under the Act, must be strictly followed before such children can be declared legally free for adoption.
In the second Office Memorandum, the authority issued a policy clarification on the safekeeping, maintenance and transfer of records related to children and adoptees. This step has been taken in view of difficulties faced by adult adoptees who seek information about their origins through the root search process under Regulation 47(2) of the Adoption Regulations, 2022.
CARA noted that in some cases records become unavailable because the concerned Specialised Adoption Agency or Child Care Institution has been closed, de-registered, merged or its functions transferred to another institution.
To address this issue, the authority emphasised that the responsibility to preserve and safeguard records continues even if an institution is no longer operational.
Further, states and UTs have been asked to ensure that all physical and digital records are securely preserved and transferred to the designated authority or institution. They have also been asked to make arrangements for the long-term safekeeping of records so that adoptees can access them in the future through the root search process.
CARA has also emphasised that records must not be destroyed, discarded, or rendered inaccessible, except in accordance with the procedure laid down under the law. These provisions are also aligned with Section 99 of the Act, which mandates confidentiality of reports and records relating to children.
Through the third Office Memorandum, CARA has directed all States and UTs to ensure strict compliance with Section 74 of the Juvenile Justice Act, which prohibits disclosure of the identity of children in conflict with law or children in need of care and protection.
States and Union Territories have been instructed to ensure that no photographs, videos or identifying details of children living in Specialised Adoption Agencies or Child Care Institutions are shared in any form of communication, including social media.
CARA also advised states to take appropriate action in cases where such rules are violated and to sensitise officials and staff about confidentiality requirements and the legal consequences under Section 74(3) of the Act.
The authority said the directions are aimed at strengthening transparency, accountability and child protection within the adoption system while safeguarding the rights, dignity and privacy of children and adoptees across the country.
CARA has urged all states and Union Territories to strictly follow these directions to ensure effective implementation of the adoption framework in India.
Also Read:
CARA Invites Public To Design Mascots For Children With Special Needs