Introduction: CARA's Nationwide Directives on Adoption Procedures

The Central Adoption Resource Authority (CARA), the statutory body under the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act), issued three critical Office Memorandums in 2023 to all State Adoption Resource Agencies (SARAs). These directives aim to reinforce compliance with adoption protocols, enhance child protection, and improve transparency and accountability in the adoption ecosystem across India. CARA’s move addresses systemic lapses in due inquiry, record management, and confidentiality norms that have historically impeded timely and secure adoption processes.

Legal Framework Governing Adoption in India

Adoption in India operates under two parallel legal frameworks. The Hindu Adoption and Maintenance Act (HAMA), 1956 governs adoption for Hindus, Buddhists, Jains, and Sikhs, covering roughly 80% of the population. HAMA does not mandate court involvement and is governed by personal laws. Conversely, the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) applies universally to all Indian citizens, irrespective of religion, and mandates adoption through court orders and regulated agencies.

• Sections 61-74 of JJ Act: Detail procedures for adoption, eligibility, and confidentiality.
• Section 74: Prohibits disclosure of identity of children in conflict with law or in need of care and protection.
• CARA: Established under JJ Act, it regulates adoption of orphaned, abandoned, and surrendered children through recognized agencies.

CARA’s Three Office Memorandums: Strengthening Adoption Protocols

• First Memorandum: No child can be declared legally free for adoption without completion of due inquiry. For surrendered children, a mandatory two-month reconsideration period must be strictly observed to ensure voluntariness.
• Second Memorandum: Mandates secure preservation and transfer of all physical and digital adoption records to designated authorities, emphasizing digitization to improve transparency and reduce administrative costs by up to 20%.
• Third Memorandum: Enforces strict compliance with Section 74 of JJ Act, ensuring non-disclosure of identity of children in conflict with law or in need of care, protecting over 1 lakh children as per MWCD data (2023).

Institutional Roles and Adoption Ecosystem

• CARA: National nodal agency regulating adoption, formulating policies, and monitoring SARAs.
• SARAs: State-level implementing bodies responsible for executing adoption procedures and maintaining records.
• Juvenile Justice Boards (JJBs): Legal bodies overseeing child welfare cases and adoption approvals.
• Child Welfare Committees (CWCs): Local bodies ensuring child protection and care.
• Ministry of Women and Child Development (MWCD): Policy formulation and budget allocation authority; allocated ₹3,500 crore for child welfare schemes in 2023-24.

Data Insights: Adoption Trends and Challenges

Comparative Analysis: India vs United States Adoption Frameworks

The US operates under the Adoption and Safe Families Act (ASFA), 1997, which mandates permanency hearings within 12 months to expedite adoption. This legal requirement has resulted in adoption timelines approximately 50% faster than India’s, with improved child welfare outcomes. India’s procedural delays stem from inconsistent enforcement of due inquiry, lack of uniform monitoring, and insufficient digitization. The US model prioritizes timeliness and permanency, reducing institutional care costs and psychological trauma for children.

Critical Gaps in India’s Adoption System

• Non-uniform enforcement of JJ Act provisions across states leads to inconsistent due inquiry and confidentiality compliance.
• Insufficient digitization and data sharing between SARAs and CARA undermine transparency and delay adoption processes.
• Low adoption rates within one year (30%) indicate procedural bottlenecks and lack of awareness among prospective adoptive parents.
• Informal and illegal adoptions persist due to delays and lack of accessible, transparent processes.

Significance and Way Forward

• Strict adherence to CARA’s memorandums will enhance child protection by ensuring only eligible children are declared legally free after due inquiry.
• Digitization and secure record-keeping will improve transparency, reduce administrative costs, and facilitate inter-state data sharing.
• Uniform monitoring mechanisms across states are essential to enforce confidentiality norms under Section 74 and prevent identity disclosure.
• Public awareness campaigns and capacity building for SARAs and CWCs can increase adoption rates and reduce reliance on institutional care.
• Adopting a permanency timeline similar to the US ASFA can expedite adoption and improve child welfare outcomes.

Jharkhand & JPSC Relevance

• JPSC Paper: Paper 1 – Social Issues; Paper 2 – Governance and Welfare Schemes
• Jharkhand Angle: Jharkhand has multiple SARAs and CWCs; implementation gaps in adoption procedures reflect in low adoption rates and child welfare challenges.
• Mains Pointer: Frame answers highlighting state-level implementation challenges, need for digitization, and CARA’s directives impact on Jharkhand’s child protection system.