Navigating the Adoption Process in India: Understanding the Role and Impact of CARA

Introduction to Adoption in India

Central Adoption Resource Authority (CARA)

Evolving Adoption Process Post-2017

The 2017 Adoption Regulations

Process of Adoption in India Post-2017

Significance of CARA in the Adoption Process

Critiques and Challenges

The Way Forward: Improving the Adoption Process

Conclusion

Introduction to Adoption in India

Adoption in India has a rich cultural and legal history. Traditionally, adoption has been governed by personal religious laws, which vary across different communities. However, with the modernisation of the legal system and the recognition of child rights, there has been a shift towards a more unified, secular, and child-centric approach to adoption.

The concept of adoption in India is deeply rooted in social and religious practices. Traditionally, adoption was often carried out for reasons such as carrying forward the family lineage, providing for elderly care, or forging social alliances. However, the focus of adoption in India has shifted over the years from a system that primarily served the interests of adoptive parents to one that places the welfare of the child at the center.

Historically, adoption in India was governed by personal religious laws, which varied across different communities. For instance, Hindu Law recognizes adoption and provides specific guidelines for the same in the Hindu Adoption and Maintenance Act of 1956. However, there were no adoption laws for Muslims, Christians, and Parsis, and those who wished to adopt had to approach the court under the Guardians and Wards Act, 1890, which does not provide for full rights of an adoptive child.

In recent times, however, there has been a shift towards a more unified, secular, and child-centric approach to adoption with the enactment of the Juvenile Justice (Care and Protection of Children) Act, 2000, later replaced by the version of 2015, which allows any Indian, irrespective of religion, to adopt a child through a secular adoption process.

Central Adoption Resource Authority (CARA)

In 1990, the Ministry of Women and Child Development established the Central Adoption Resource Authority (CARA) as a statutory body. It was brought into force to regulate and monitor all adoptions across India and is primarily responsible for implementing the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 and its related rules as they pertain to adoption.

CARA was initially set up in 1990 by the Government of India as an autonomous body under the Indian Society Registration Act 1860 of the Ministry of Welfare. Its main objective was to curb illegal practices in adoption and to ensure that the adopted child's best interests were met. In 1994, the Ministry of Welfare underwent a division, resulting in the creation of two separate departments: the Department of Women and Child Development and the Department of Social Justice and Empowerment. CARA was transferred to the Department of Women and Child Development (now Ministry of Women and Child Development).

CARA was given the status of a statutory body in 2003 under the provisions of the Juvenile Justice Act of 2000, which was further strengthened by the Juvenile Justice (Care and Protection of Children) Act, 2015. CARA serves as the central authority responsible for facilitating the adoption process of Indian children. Its main role is to oversee and regulate both domestic and international adoptions. CARA's main focus is to facilitate the adoption process for children who are orphaned, abandoned, or surrendered, working closely with a network of approved adoption agencies.

CARA is responsible for issuing guidelines and instructions in matters relating to adoption from time to time, depending on the experiences and requirements for its smooth functioning. The institution is also responsible for carrying out the functions as specified in the Act and the Adoption Regulations framed by the Authority.

Evolving Adoption Process Post-2017

In the past, the adoption process was fraught with complexity and opacity, leaving room for unethical practices. The introduction of the new adoption regulations in 2017 brought about significant transformations to the adoption process. These regulations, implemented by CARA, aimed to streamline and expedite the adoption procedure and make it transparent, standardized, and child-friendly.

The Adoption Regulations, 2017 were framed by CARA as mandated under Section 68 (c) of the Juvenile Justice (Care and Protection of Children) Act, 2015. The regulations were effective from January 16, 2017. The primary purpose of these regulations is to provide for a streamlined and simplified adoption process.

The Adoption Regulations have replaced the Adoption Guidelines, 2015. These regulations are comprehensive and designed to cover all aspects of child adoption. The main features include parameters for adoption, procedures related to children free for adoption, criteria for prospective adoptive parents, procedures for in-country and inter-country adoption, procedures for adoption by step-parent and relatives, and the establishment of a grievance redressal system.

These regulations brought about several key changes in the adoption landscape of India. Some of these changes include a simplified registration process for Prospective Adoptive Parents (PAPs), the establishment of child adoption resource information and guidance system, a timeframe of two months for the domestic adoption process, and improvements in the inter-country adoption process.

The 2017 Adoption Regulations

Process of Adoption in India Post-2017

The adoption process in India post-2017, as per the guidelines set by CARA, has become more streamlined, and it starts with the registration of Prospective Adoptive Parents (PAPs) in the Child Adoption Resource Information and Guidance System (CARINGS).

Registration: To initiate the adoption process, prospective adoptive parents (PAPs), regardless of their religion and whether they reside in India or abroad, can submit an application to a Specialised Adoption Agency (SAA) as per the guidelines outlined in the adoption regulations. This application is for those who are interested in adopting an orphaned, abandoned, or surrendered child.

Home Study Report: After the registration, a home study is conducted by a social worker. This home study evaluates the capability of the prospective adoptive parents and helps in preparing them for the adoption. The report is to be completed within thirty days from the date of registration.

Child Matching and Referral: Prospective Adoptive Parents are referred children from the waiting list, based on the preferences indicated during registration and according to seniority of registration.

Legal Procedure: On acceptance of the child, the prospective adoptive parents have to sign the Child Study Report and Medical Examination Report. The adoption petition is filed in the court by the Specialised Adoption Agency. The court completes the process within two months and issues an adoption decree.

Follow-up: Post-adoption, there is a follow-up by the social worker to ensure the well-being of the child in the adopted family.

As per the guidelines of the United Nations Convention on the Rights of the Child (UNCRC), CARA enforces the adoption process to safeguard the best interests of the child and uphold their fundamental right to have a family.

Significance of CARA in the Adoption Process

The Central Adoption Resource Authority (CARA) has played a significant role in making the adoption process in India more streamlined, transparent, and efficient. CARA's policies and procedures, designed to protect the best interests of the child, have brought about crucial changes in the adoption process.

Guideline Formulation: CARA formulates guidelines for adoption which are mandatory for all Specialized Adoption Agencies (SAAs). These guidelines help maintain a unified, country-wide policy for adoption, ensuring consistency and fairness in the process.
Regulation and Monitoring: CARA oversees and regulates the functioning of SAAs and coordinates with state and district level authorities for ensuring smooth facilitation of the adoption process. Regular audits of SAAs are conducted to ensure compliance with guidelines.

CARA's initiatives have led to significant improvements in the adoption process. The introduction of the online system CARINGS has made the process more transparent and efficient. It has also brought uniformity in the process across the country, making it easier for Prospective Adoptive Parents (PAPs) to navigate the system.

Critiques and Challenges

Despite the positive strides in the adoption process, some critics argue that there are still several areas that need improvement. These challenges, ranging from procedural delays to lack of awareness and social stigma, continue to hinder the smooth execution of the adoption process.

Lengthy Process: Despite the stipulation of two months for the completion of the adoption process, in reality, it often takes much longer due to various reasons such as court delays and administrative issues.
Shortage of Adoptable Children: There is a stark contrast between the number of PAPs and the number of adoptable children. Many orphaned and abandoned children are still not in the adoption pool due to procedural delays.
Preference for Younger Children: There is a high demand for younger children, especially girls, resulting in a long waiting period for PAPs. Older children, siblings, and children with special needs often face difficulties in finding a home.
Issues with Inter-country Adoption: While the process for inter-country adoption has improved, issues like trafficking and illegal adoptions still persist. Strengthening international cooperation and oversight is crucial to address this issue.

The Way Forward: Improving the Adoption Process

Addressing the challenges in the adoption process requires a multi-pronged approach:

Streamlining Processes: Efforts should be made to streamline and expedite the adoption process. This can be done by enhancing the efficiency of courts and administrative bodies involved in the process.

Increased Awareness: Many potential adoptive parents and even some officials are unaware of the legal procedures and requirements for adoption. Increased awareness campaigns can help dispel misconceptions and encourage more people to adopt legally.

Promoting Adoption of Older and Special Needs Children: Specific campaigns promoting the adoption of older children, siblings, and children with special needs can help in finding homes for these children who are often overlooked in the adoption process.

Strengthening International Cooperation: Enhanced cooperation with foreign countries can help in addressing issues related to inter-country adoptions. Mutual sharing of information can help in preventing illegal adoptions and child trafficking.

Conclusion

The adoption landscape in India has evolved significantly over the past few years, especially with the advent of the new regulations in 2017. The role of CARA, in this regard, has been instrumental in bringing about significant changes to the adoption process, making it more transparent, child-friendly, and efficient. Despite the challenges, the progressive strides are indeed promising, fostering hope for a more streamlined adoption process in the future.

The landscape of the adoption process in India has evolved significantly post-2017. The establishment of CARA and the introduction of new guidelines have brought much-needed transparency and efficiency to the process. However, several challenges persist. Addressing these requires concerted efforts from all stakeholders involved - the government, adoption agencies, legal bodies, and civil society. By doing so, we can hope to build a robust adoption system that prioritizes the best interests of the child and provides countless children with a chance at a happy family life.

The adoption process in India has seen significant improvements since the intervention of CARA. However, several challenges need to be addressed for a more efficient and child-friendly adoption system. Through collective efforts and stringent regulations, the dream of every orphaned child having a loving and caring home can be made a reality.

The Evolving Landscape of the Adoption Process Post-2017: Exploring the Significance of CARA

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