CARA issues nationwide directions to strengthen adoption procedures

The Central Adoption Resource Authority (CARA), a statutory body under the Ministry of Women and Child Development, has issued Office Memorandums to all State Adoption Resource Agencies (SARAs) to ensure strict compliance with adoption procedures, protection of adoptees’ identity, and secure preservation of records.

Legal Framework: The directives have been issued under:

• Juvenile Justice (Care and Protection of Children) Act, 2015 (amended in 2021)
• Adoption Regulations, 2022

Adoption under the Act aims to secure the right to family for orphaned, abandoned, and surrendered children, as envisaged under Section 56(1).

Key Directions Issued

1. Strict Adherence to Adoption Procedures

• No orphan or abandoned child can be declared legally free for adoption without:
  • Due inquiry
  • Efforts to trace biological parents
  • Restoration attempts
• All statutory timelines must be strictly followed

2. Rules for Surrendered Children

• Mandatory two-month reconsideration period must be observed before declaring a child legally free for adoption

3. Safeguarding of Records

• Responsibility to preserve records continues even if an संस्था becomes non-operational
• States/UTs must ensure:
  • Secure storage of physical and digital records
  • Proper transfer to designated authorities when required
• Records must not be destroyed or discarded except as per legal provisions

4. Protection of Child Identity

• Emphasis on confidentiality of adoptees’ identity
• States advised to sensitise officials and staff on legal obligations

5. Accountability and Penal Action

• States/UTs directed to take action in case of violations
• Reference to penal provisions under Section 74(3) of the Act for breach of confidentiality