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.