The changing paradigm of the Adoption process after 2017 and role of CARA
Posted On : June 26, 2023
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Introduction
The adoption process has undergone significant transformations in recent years, particularly since 2017, with a shift towards greater transparency, accountability, and child-centric approaches. These changes have been facilitated by the efforts of various organizations and government bodies, one of which is the Central Adoption Resource Authority (CARA) in India. This article explores the evolving landscape of adoption and highlights the crucial role played by CARA in shaping the adoption process.
The Changing Adoption Paradigm
Prior to 2017, the adoption process was often criticized for its lack of standardized procedures, inadequate monitoring, and loopholes that allowed for potential exploitation. In response to these concerns, several reforms were introduced, both at the national and international levels, to ensure the welfare and protection of children and to streamline the adoption process. The followings are the several reforms -
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Enhanced Transparency
One of the significant changes witnessed after 2017 is the increased transparency in the adoption process. The centralization of adoption-related information through online portals and databases has made it easier for prospective adoptive parents (PAPs) to access information about waiting children, eligibility criteria, and adoption procedures. This transparency empowers PAPs to make well-informed decisions and promotes accountability throughout the process.
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Child-Centric Approach
The focus on the best interests of the child has gained prominence in adoption practices. The process now emphasizes the importance of ensuring a suitable match between the child and the adoptive family, taking into consideration factors such as the child's age, background, and specific needs. This shift towards a child-centric approach aims to provide each child with a safe, loving, and nurturing environment for their overall development.
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Streamlined Procedures
Reforms have been implemented to streamline the adoption process, reducing delays and making it more efficient. CARA has played a crucial role in this regard by setting standardized procedures, guidelines, and timelines foradoption agencies and ensuring their compliance. The introduction of a single-window clearance system has simplified the paperwork and reduced bureaucratic hurdles.
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Increased Accountability and Regulation
CARA has strengthened the accountability and regulation of adoption agencies across the country. It has implemented stringent guidelines and norms to ensure that all adoption agencies adhere to ethical practices and provide a safe and nurturing environment for the children. By establishing a comprehensive system of monitoring and supervision, CARA has enhanced the credibility and trustworthiness of the adoption process.
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Enhanced Pre-Adoption and Post-Adoption Services
Recognizing the need for comprehensive support for both adoptive parents and children, CARA has focused on enhancing pre-adoption and post-adoption services. Prospective parents now receive extensive counseling and guidance to prepare them for the challenges and responsibilities of adoptive parenthood. Furthermore, CARA has initiated post-adoption follow-ups and support mechanisms to ensure the well-being of both the child and the family after the adoption is finalized.
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Encouragement of Domestic Adoption
CARA has actively promoted domestic adoption as a primary means of providing children with permanent families. The authority has taken steps to create awareness about the benefits of domestic adoption and dispel myths and misconceptions surrounding it. By encouraging domestic adoption, CARA aims to reduce the number of children living in institutional care and provide them with a nurturing family environment.
The Role of CARA
The Central Adoption Resource Authority (CARA) is a legally recognized division of the Indian Government’s Ministry of Women & Child Development. It serves as the central authority for adoption of Indian children and has oversight and control over both domestic and international adoptions.
The Central Adoption Resource Authority (CARA) established under the Ministry of Women and Child Development, Government of India, has been instrumental in driving these transformative changes in the adoption landscape. Its primary mandate is to regulate and monitor domestic and inter-country adoptions in India. Here are some key roles and initiatives undertaken by CARA:
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Centralized Adoption Resource Information Guidance System (CARINGS)
CARA introduced CARINGS, an online platform that serves as a comprehensive adoption management system. It facilitates the smooth functioning of the adoption process by connecting adoption agencies, PAPs, and other stakeholders, and providing real-time updates and information. -
Accreditation and Regulation of Adoption Agencies
CARA has taken measures to ensure the accreditation and regulation of adoption agencies across the country. Strict guidelines and standards have been set to ensure that agencies adhere to ethical practices, maintain transparency, and provide a safe and nurturing environment for children awaiting adoption. -
Pre-Adoption Counseling and Training
CARA promotes pre-adoption counseling and training programs to prepare prospective adoptive parents for the responsibilities and challenges of adoptive parenthood. These programs aim to ensure that PAPs have a realistic understanding of adoption, its legal implications, and the needs of adopted children. -
International Adoption Guidelines
CARA has formulated guidelines for inter-country adoptions to safeguard the rights and welfare of children being adopted by foreign nationals. These guidelines ensure compliance with The Hague Convention on Protection ofChildren and Co-operation in respect of Inter-country adoption, protecting children from any potential exploitation or trafficking.
Conclusion
The adoption process has witnessed a remarkable transformation since 2017, prioritizing transparency, accountability, and child-centric approaches. The role of CARA has been pivotal in shaping these changes throughits efforts to centralize information, streamline procedures, and regulate adoption agencies. These advancements have not only improved the adoption experience for prospective parents but, more importantly, have prioritized the welfare and best interests of the children involved. As we move forward, it is crucial to continue evolving and adapting adoption practices to ensure a brighter future for every child in need of a loving and permanent home. However, it is always advisable to consult adoption lawyers while dealing with adoption complexities.
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Adoption – Procedure
Juvenile Justice (Care and Protection of Children) Act, 2015
Central Adoption Resource AuthorityMinistry of Women & Child DevelopmentGovernment of India
Frequently Asked Questions (FAQ’s)
http://www.cara.nic.in/PDF/faqs.pdf
Child Adoption Procedure In India
Can I adopt if I already have a child?
Yes. The gender of the child becomes a factor here. The Hindu Adoption and Maintenance Act, 1956 (HAMA, under which Hindus, Jains, Sikhs, Buddhists and Arya Samaj adopt) allows you to only adopt a child of the opposite gender to the one you already have. There are no such diktats under the other 2 adoption laws, namely the Guardians and Wards Act, 1890 (GAWA) and the Juvenile Justice Act (JJA 2000, amended in 2006), which has enabled many Indians to adopt a child of the same gender. Your child, if old enough, will be asked to express her views on the adoption, in writing.
http://www.womensweb.in/articles/adoption-your-questions-answered/
Parents adopting a child under the Hindu Adoption and Maintenance Act (HAMA) could soon be required to mandatorily register the adoption with country’s apex adoption body as part of efforts to check trafficking, a senior government official said.
Prospective parents can adopt a child under the stringent Juvenile Justice (JJ) Act, 2015. Additionally, Hindus, Buddhists, Jains and Sikhs have the option of formalising an adoption through the 60 year-old HAMA.
Officials say that while the JJ Act has provisions for verifying the source of the child as well as a thorough background check of the prospective parents, these pre-requisites are missing from HAMA, thereby, allowing many to take advantage of its loopholes.
Draft Cabinet note
“The Ministry of Women and Child development has prepared a draft Cabinet note proposing an amendment to HAMA in order to make it compulsory for parents to register with the apex adoption body, Child Adoption Resource Authority (CARA),” a ministry spokesperson said.
The note is being circulated among the ministries of finance, home affairs and law and the Prime Minister’s Office, before it is taken up by the Union Cabinet, the official said.
“Adoption under HAMA is very simple and two Hindus can exchange a child after filing a deed. We did a sample check and discovered that the number of adoptions under HAMA is too high and we suspect that a lot of these involve trafficked children,” the spokesperson said.
The ministry has proposed changes to HAMA so that parents who adopt a child mandatorily register their deed of adoption on CARA’s web portal, following which they will be issued a certificate of adoption.
Need for a registery
CARA CEO Lt. Col. Deepak Kumar said that the move will allow it to maintain a ‘national adoption register’ which will compile data on adoptions under HAMA, in addition to those that take place through its web portal.
“HAMA is a big hole in our net. We need to widen our net so that we can monitor all adoptions. But first we need to record these by having a national adoption register,” Kumar told PTI.
The official explained that the adoption agency carried out a study where data from one of the total 22 sub-registrars in Delhi was collected, which showed that 145 adoption deeds were registered in the past three years.
He added that if this data is extrapolated, it can be assumed that over 3,000 children were adopted under HAMA in the past three years in Delhi alone.
“But these are only those adoptions that are actually legally formalised. We found out from the Collector of Stamps in Delhi that in 14 months there were 3,200 stamps sold for the purpose of adoption. If all these stamps are being used lawfully, we should have seen nearly 9,000 adoptions during these three years,” Kumar explained.
Changes and reforms
In a bid to reform the adoption procedure in the country and bring more transparency, the Union Ministry of Women and Child Development brought a new set of guidelines in August, 2015.
For the first time, the entire adoption procedure was transferred online, to be monitored by the Central Adoption Resource Authority, the nodal body regulating adoptions in India.
However, despite the new mechanism, CARA hasn’t seen an increase in adoption and recorded a mere 3,788 adoptions across the country in 2016, while there were four to five times the number of parents waiting to bring home a child.
Officials hope that once they have data on adoptions under HAMA, they will have a more realistic picture.
The Hindu Adoption and Maintenance Act, 1956, is applicable to Hindus, Jains, Buddhists, Sikhs and gives an adopted child all the rights enjoyed by a biological child.
Until the universal JJ Law came into existence, Muslims, Parsis, Christians and Jews had no adoption law and would have to approach the court under the Guardians and Wards Act, 1890, and get the guardianship of a child until he or she turned 18.
Adopted son no less than a natural son to inherit his father’s properties, reiterates SC [Read Judgment]...
Supreme Court, in Pawan Kumar Pathak vs. Mohan Prasad has reiterated that an adopted son is no less than a natural son, when it comes to claiming the right to inherit the properties of his father.(copy of judgment is with me)
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