The Authors, Richaa Mukhopadhyay and Adhip Ray are 3rd year, B.A.LLB(H) students of Amity University, Kolkata. They are currently interning with LatestLaws.com.
WHAT IS THE ORIGIN AND OBJECT OF THE GUIDELINES?
With the powers conferred by The Juvenile Justice (Care and Protection) Act, 2000, the central government of India notified these guidelines issued by the Central Adoption Resource Authority. These replaces the previous guidelines provided in the year 2011 and are prospective in nature.
The objective is to provide for the regulation of adoption of orphan, abandoned or surrendered children and shall govern the same.
WHAT IS ADOPTION?
Adoption as provided under the guidelines, refers to the process through which the adopted child becomes the lawful child of his/her adoptive parents and all the rights, privileges and responsibilities as that of a biological child are bestowed upon him/her.
WHO CAN BE ADOPTED?
Any orphan or abandoned or surrendered child, who have been declared legally free for adoption by the Child Welfare Committee is eligible for adoption.
WHO IS AN ABONDANED CHILD?
A child who is unaccompanied and deserted and is declared abandoned by the Child Welfare Committee after due inquiry is an abandoned child.
WHO IS A SURRENDERED CHILD?
A child, who is relinquished on account of physical, emotional and social factors beyond the control of the parent or legal guardian in the opinion of the Child Welfare Committee is a surrendered child.
WHAT IS THE PROCEDURE INVOLVING TO DECLARE A SURRENDERED CHILD?
A recourse to counselling shall be conducted to discourage such surrender by the biological parents. In case of the surrender being inevitable, a deed of surrender will be executed.
Note: There will be no advertisement to be issued in case of a surrendered child.
WHO CAN ADOPT?
- Anyone who is physically, mentally and emotionally stable
- financially capable
- motivated to adopt a child
- Does not have any life-threatening medical condition
- The minimum age difference between the child and either of the prospective adoptive parents should not be less than twenty-five years and the age for such eligibility will be as on the date of registration.
Note: The marital status and the fact whether one has their own biological child is irrelevant.
However,
- In case of a couple willing to adopt: consent of both spouses shall be required and they must have at least two years of stable marital relationship.
- Any couple with more than four children cannot adopt.
IS IT COMPULSORY TO REGISTER WITH AN IDENTITY PROOF IN ORDER IN CARINGS TO BE A PROSPECTIVE PARENT?
Yes, it is compulsory.
WHAT IS CARA AND CARINGS?
The Central Adoption Resource Authority (CARA) is nodal body in the country and has designated functions ranging from making rules and guidelines for adoption to creating awareness among people regarding it and coordinating with the government for adoption related matters.
The Central Adoption Resource Authority is provided for to maintain a Child Adoption Resource Information and Guidance System (CARINGS) to ensure greater transparency in the adoption procedures.
To register in CARINGS shall be a compulsory requirement for any prospective parent and it is free of cost. After successful registrations, change of preferences can be made and corrections can be done through the same. In order to facilitate adoption keeping in mind the best interest of a child, the specialized adoption agency is permitted to post photograph of the child here.
WHAT ARE THE VARIOUS BODIES INVOLVED WITH ADOPTION PROCDURES?
They are:
- State Adoption Resource Agency – It acts as a nodal body within the State and is responsible to promote and monitor the adoption and non-institutional care along with Central Adoption Resource Authority.
- Specialised Adoption Agency – It is recognized by the State Government for the purpose of procedure of children adoption.
- Foreign Adoption Agency –It is a foreign social or child welfare agency and is authorised by the Central Adoption Resource Authority on the recommendation of the concerned Central Authority or the Government Department of that country. It coordinates all matters relating to adoption of an Indian child by a citizen of that country.
- District Child Protection Unit – It is a unit set up by the State Government at the district level. It identifies orphan, abandoned and surrendered children in their concerned districts for declaration of them to be legally free for adoption by Child Welfare Committee.
Note: These bodies are the stakeholders.
WHAT ARE THE EXPENSES TO ADOPT A CHILD?
The prospective adoptive parents are bound to bear the expenses, as provided in Schedule–13 of the guidelines and the agency is not permitted to accept any donation whatsoever, directly or indirectly for adoption of a child from them.
WHAT IS THE INTEGRATED CHILD PROTECTION SCHEME?
It is a scheme provided under the Act revolving child protection by the Central Government, which is implemented through State Governments and non-governmental organisations. An agency called the State Adoption Resource Agency is to be setup by the State Government under this Scheme.
The advertisement concerning the procedure involving the orphan or abandoned child can funded by the funds of this scheme. Also, a specialised adoption agency is entitled to receive grants-in-aid under this scheme, subject to the fulfilment of terms and conditions provided. The accounts of such grants are to be maintained and audited by a chartered accountant annually.
WHAT IS PROVIDED TO FALICITATE INTER-COUNTRY ADOPTION?
The profiles of two children are referred to the concerned authorised foreign adoption agency. If the prospective adoptive parents do not reserve and consent to adopt any of the two children within 96 hours, the profile of both those children shall be automatically withdrawn.
If accepted by the prospective:
A no objection certificate shall be issued by the Central Adoption Resource Authority within 10 days from the date of receipt of such acceptance of the child. To obtain the Indian passport for the child, the adoption agency will submit the application to the regional passport officer within 3 working days from the date of the receipt of a certified copy order.
WHAT ARE THE VARIOUS COUNSELLINGS PROVIDED?
- To discourage the surrender of children by biological parents
- Pre adoption counselling of prospective adoptive parents
- If the child is facing adjustment problem with the adoptive parents, the specialised adoption agency shall arrange necessary counselling for such adoptive parents and the child.
- If the specialised adoption agency is convinced that the child is unable to adjust in the adoptive family or it is not in the best interests of that child, it shall withdraw the child and provide necessary counselling
- Post adoption counselling to the adoptive parents.
- Counselling of older children before their adoption and during adoption
- Post-adoption counselling of the adoptees, when contacted by them in search of their roots.
WHICH COURTS ARE CAN ISSUE ADOPTION ORDERS?
The following courts have jurisdiction to address adoption matters:
District courts, Family Courts & City Civil courts, as per rule 33 (5) of the Juvenile Justice (Care and Protection of Children) Rules, 2007.
WHAT IS THE LEGAL PROCEDURE OF ADOPTION FOR NON-RESIDENT INDIAN, OVERSEAS CITIZEN OF INDIA AND FOREIGN PROSPECTIVE ADOPTIVE PARENTS?
The specialised adoption agency shall file an application in the court with the relevant documents within 7 working days from the date of receipt of acceptance of the child by the prospective adoptive parents, for obtaining the adoption order from court and the agency shall enclose the original documents along with the application.
In case the child is from a child care institution, which is located in another District, the specialised adoption agency shall file the adoption petition in the concerned court of that district. The court will hold the adoption proceeding in-camera and dispose the case within a period of 2 months from the date of filing of the adoption petition by the specialised adoption agency. The agency shall obtain a certified copy of the adoption order from the court and will forward it to the prospective adoptive parents within 10 days, and post a copy of such order and making necessary entries in the Child Adoption Resource Information and Guidance System. Registration of a deed of adoption shall not be necessary.
The specialised adoption agency shall obtain the birth certificate of the child from the birth certificate issuing authority and provide it to the prospective adoptive parents within ten days from the date of availability of adoption order, with the name of adoptive parents, as parents, and date of birth as recorded in the adoption order.
WHAT IS THE PROCEDURE WHEN AN ABANDONED CHILD IS RECEIVED BY A SPECIALISED ADOPTION AGENCY WITHOUT THE INVOLVEMENT OF CHILD WELFARE COMMITTEE?
The child has to be produced before the Child Welfare Committee within 24 hours (excluding the time necessary for the journey). The specialised adoption agency also has to provide a report containing the particulars, photograph of the child and in the report shall be included the circumstances in which the child was received by the agency. The specialised adoption agency also has to provide a copy of the report to the local police station within the same period.
WHAT IS THE FUNCTION OF THE DISTRICT CHILD PROTECTION UNIT IN TRACING THE BIOLOGICAL PARENTS OR LEGAL GUARDIAN OF AN ABANDONED CHILD?
The District Child Protection Unit and when it is not functional, the District Magistrate shall advertise the particulars along with the photograph of the abandoned child in a newspaper that has wide readership in the State within 72 hours of the child being received by it. However, when the abandoned child belongs to a different state, the advertisement has to be given in the state to which the child belongs.
WHEN MAY A CHILD BE LEGALLY AVAILABLE TO BE GIVEN FOR ADOPTION?
A child may be legally given for adoption to a resident / non-resident Indian as soon as he/she is declared to be legally free for adoption by the Child Welfare Committee.
However, in case the child is being given away for adoption in a different country, there shall be a waiting period of –
- Sixty days, if the child is below five years of age.
- Thirty days, if the child is above five years of age.
- Fifteen days if the child has any mental or physical disability.
WHAT IS A HOME STUDY REPORT?
A home study report shall be conducted by a specialised adoption agency through its social worker in the state in which the persons who desire to adopt, live. However, a social worker from a panel maintained by the State Adoption Resource Agency or District Child Protection Unit may also be required to conduct this report. After the report is completed as per the format in Schedule 6, it has to immediately be shared with the prospective parents. This report, which shall stay in force for two years shall be the basis for adopting children by them and shall be valid throughout the country.
WHAT CAN THE PROSPECTIVE PARENTS DO IF THEY ARE DECLARED INELIGIBLE FOR ADOPTION?
If the prospective parents are declared ineligible for adoption, the reasons for such declaration has to be recorded in the Child Adoption Resource Information and Guidance System. In fact, such decision can be appealed against by the parents to the Central Adoption Resource Authority.
WHEN DO THE PROSPECTIVE PARENTS HAVE TO TAKE THE CHILD IN PRE-ADOPTIVE FOSTER CARE?
It is binding on the prospective parents to have to take the child in pre-adoption foster care within 10 days from the date of acceptance after signing the respective undertaking, as per the format provided in Schedule 7.
Picture Source :
