The recent directions issued by the Central Adoption Resource Authority (CARA) mark a significant step towards enhancing the integrity and efficiency of the adoption process in India. These measures aim to address critical gaps in child protection and procedural compliance, reflecting a growing recognition of the need for robust frameworks in child welfare. With approximately 31 million orphaned children in India, according to the National Family Health Survey (NFHS-5) 2020, and an estimated 1.5 million abandoned children as per the 2021 Census, the urgency for reform in adoption procedures cannot be overstated.

CARA Directions

• Aim: To strengthen transparency, accountability, and child protection within the adoption ecosystem.
• First Memorandum: No orphan or abandoned child can be declared legally free for adoption without the completion of due inquiry.
  • In case of surrendered children, the mandatory reconsideration period of two months must be strictly followed.
• Second Memorandum: States and Union territories must ensure that all physical and digital records are securely preserved and transferred to the designated authority or institution.
• Third Memorandum: CARA directed states and UTs to ensure strict compliance with Section 74, which prohibits disclosure of the identity of children in conflict with the law or those in need of care and protection.

Child Adoption Regulations in India

• Hindu Adoption and Maintenance Act (HAMA), 1956: Applies to Hindus, Buddhists, Jains, and Sikhs.
  • Does not require court involvement.
  • Governed by personal laws, but must follow certain conditions under HAMA.
• Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act): Applies to all Indian citizens (irrespective of religion).
  • Covers adoption through court orders and is administered by CARA under the Ministry of Women and Child Development.
  • CARA is the statutory body that monitors and regulates the adoption of orphaned, abandoned, and surrendered children through recognized adoption agencies.

Adoption Under CARA

• Children must be:
  • Legally free for adoption after due inquiry.
  • Registered with recognized adoption agencies.
• Adoptive parents:
  • Must undergo a home study and background checks.
  • Required to attend pre-adoption counseling sessions.

Key Challenges in Adoption Procedures

• Lack of Standardization: The absence of a standardized national database for tracking adoption cases leads to discrepancies in compliance and monitoring.
• Awareness and Accessibility: Limited awareness among potential adoptive parents about the legal adoption process hampers adoption rates.
• Resource Constraints: Many State Adoption Resource Agencies (SARAs) face resource limitations, affecting their ability to implement CARA's directives effectively.
• Stigmatization: Societal stigma around adoption can deter families from considering adoption as a viable option.

Comparative Analysis: Adoption Procedures

Critical Evaluation

The recent CAR