Why is it in the news?

• India’s adoption process faces significant delays, with prospective parents waiting for an average of three years.
• The Supreme Court has expressed concern about the delays and questioned the Central Adoption Resource Authority (CARA).
• CARA is responsible for regulating the adoption of orphaned, surrendered, and abandoned children in India.

About CARA

• CARA was established in 1990 under the Ministry of Women and Child Development to oversee child adoption procedures.
• It centralizes registration for children and prospective parents, conducts home study reports, and facilitates the adoption process.
• India became a signatory to the Hague Convention on Protection of Children in 1993, facilitating international adoptions.

CARA’s Evolving Role

• CARA’s powers expanded with the passage of the Juvenile Justice Act in 2015, aiming to streamline the adoption process and prevent malpractices.
• It introduced an e-governance system (CARINGS) to facilitate adoption and enhance transparency.
• CARA allowed individuals in a live-in relationship to adopt children.
• Further amendments to the JJ Act in 2022 authorized local District Magistrates (DMs) to issue adoption orders, decentralizing responsibilities.

Functions of CARA

• CARA monitors and regulates various adoption-related bodies, including State Adoption Resource Agency (SARA), Specialized Adoption Agency (SAA), and more.
• The adoption process involves registration, home study reports, referral, and post-adoption follow-ups.

Challenges Confronting CARA

• Challenges include the difficulty of bringing children into safety nets, declaring them legally free for adoption, and ensuring actual adoptions.
• Poor functioning and administrative issues in agencies like SAA and Child Welfare Committees (CWC) hinder the identification of adoptable children.
• Confusing adoption laws, complicated court processes, and the popularity of traditional adoption methods add to challenges.
• The 2022 JJ Act changes, authorizing DMs to issue adoption orders, led to confusion among stakeholders.
• High costs and requirements for inter-country adoptions, including CARA’s ‘no objection certificates,’ have made the process difficult.
• Some argue that the system is too “parent-centric” and should focus more on safeguarding the child’s well-being.

Recommendations

• There is a need for a “child-centric, optional, enabling, and gender-just” adoption law to prioritize the child’s welfare.
• The current laws, such as the Hindu Adoption and Maintenance Act (HAMA), do not adequately protect the child’s interests.
• CARA should prioritize child well-being and address procedural challenges to create a more efficient adoption system.