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  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.

ADOPTION LAW IN INDIA: News
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