ADOPTION LAW IN INDIA
ADOPTION LAW IN INDIA:
News: instances of illegal adoption have been reported amid the pandemic, due to widespread deaths.
Orphans in india:
According to UNICEF, India has more than 30 million orphans and abandoned children.
The number of orphans increased due to unfortunate deaths as a result of pandemic and lack of healthcare facilities in India.
Laws and Regulations:
Central Adoption Resource Authority (CARA):
It was set up under juvenile Justice Rules of 2016 and the Adoption Regulations of 2017.
It is a statutory body for the regulation, monitoring and control of all intra-country and inter-country adoptions.
CARA is responsible for granting “ No Objection” certificates for all inter country adoptions.
Juvenile Justice (Care and Protection of Children) law:
It is a secular law.
All individuals are free to adopt children under this law.
However, persons professing the Hindu religion are free to adopt under the Hindu Adoptions and Maintenance Act of 1956.
Rehabilitation of all orphaned, abandoned and surrendered children is regulated by the strict mandatory procedures of the Adoption Regulations
Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoptions:
It was signed on 29 May 1993.
It protects children and their families against the risks of illegal, irregular, premature or ill-prepared adoptions abroad.
India is party to Hague convention.
UN Convention on the Rights of the Child.
India is a party to this convention.
It is a legally-binding international agreement setting out the civil, political, economic, social and cultural rights of every child, regardless of their race, religion or abilities.
Procedure of Adoption:
Prospective adoptive parents, irrespective of their marital status and religion are registered on CARINGS i.e. Child Adoption Resource Information and Guidance System.
These adoptions are approved by specialised adoption agencies.
The priority is given on the basis of seniority in the list followed by pre adoption foster care.
And then the court orders are secured.
Finally a no objection certificate is secured from CARA.