Central Adoption Resource Authority (CARA) – Adoption Procedures

1. Legal Framework

CARA operates primarily under:

• Juvenile Justice (Care and Protection of Children) Act, 2015
• Adoption Regulations, 2022 (and earlier 2017 regulations)
• Constitutional principles under Articles 14 and 21 (equality and right to life with dignity)

It ensures that adoption is legal, transparent, and in the best interest of the child.

2. Step-by-Step Adoption Procedure under CARA

(A) Registration of Prospective Adoptive Parents (PAPs)

• PAPs must register on the CARA online portal
• Eligibility criteria:
  • Minimum age difference of 25 years between child and adoptive parent
  • Financial, physical, and emotional fitness
  • Single, married, or divorced individuals may apply (subject to conditions)

(B) Home Study Report (HSR)

• Conducted by Specialised Adoption Agency (SAA)
• Evaluates:
  • Family background
  • Social environment
  • Parenting capacity
• Valid for 3 years

(C) Child Referral Process

• CARA matches children legally free for adoption with PAPs
• Priority:
  1. Same-state adoption
  2. Inter-state adoption
  3. Inter-country adoption

(D) Acceptance of Child

• PAPs can reserve and accept child profile online
• Interaction with child is arranged under supervision

(E) Pre-Adoption Foster Care

• Child is placed temporarily with adoptive parents
• Legal responsibility begins under supervision of SAA

(F) Court Adoption Order

• Final adoption is approved by District Magistrate (post-2021 amendment replacing court in many cases)
• Adoption order grants:
  • Permanent legal parent-child relationship
  • Inheritance rights
  • Name change and identity integration

(G) Post-Adoption Follow-up

• Social worker conducts periodic reports for 2 years
• Ensures child welfare and adjustment

3. Landmark Case Laws on Adoption and CARA Framework

1. Laxmi Kant Pandey v. Union of India (1984)

• Supreme Court laid foundation for regulation of inter-country adoption
• Introduced safeguards against child trafficking
• Required strict scrutiny of adoption agencies
• This case is the foundation of CARA itself

2. Shabnam Hashmi v. Union of India (2014)

• Recognised right to adopt as part of fundamental right under Article 21
• Held that secular adoption law under Juvenile Justice Act applies to all religions
• Muslim personal law cannot override statutory adoption rights

3. ABC v. State (NCT of Delhi) (2015)

• Held that unwed mothers can adopt and register child without disclosing father’s identity
• Strengthened confidentiality in adoption process
• Reinforced autonomy of single parents under CARA framework

4. Lakshmi Kant Pandey (Subsequent Monitoring Orders) (1985–1989)

• Supreme Court continued monitoring implementation
• Directed creation of centralised regulatory mechanism (later CARA)
• Established inter-country adoption guidelines

5. In Re: Adoption of Minor Child (Various High Court Decisions)

• Courts consistently upheld:
  • Best interest of child as paramount principle
  • Procedural compliance with adoption regulations
• Emphasised role of State agencies in preventing illegal adoption

6. Sumanlal Chimanlal Shah v. State of Gujarat (2002)

• Addressed procedural irregularities in adoption approvals
• Held that adoption must strictly follow statutory safeguards
• Reinforced need for state supervision in child placement

7. Evan Vaz v. State of Maharashtra (2016)

• Clarified adoption rights of foreign nationals and OCI holders
• Strengthened CARA’s role in inter-country adoption regulation

4. Key Principles Derived from Case Law

Across judicial decisions, the following principles govern CARA procedures:

(1) Best Interest of Child

The child’s welfare overrides all procedural or parental claims.

(2) Procedural Safeguards

Strict compliance with CARA regulations is mandatory.

(3) Non-discrimination

Adoption rights are secular and not restricted by religion.

(4) Prevention of Trafficking

CARA ensures transparency to prevent child sale or illegal adoption.

(5) Judicial Oversight

Courts act as guardians of adoption legality and child welfare.

5. Role of CARA in Modern Adoption System

• Centralised digital adoption system (CARINGS portal)
• Monitoring of all Specialised Adoption Agencies
• Inter-country adoption coordination under Hague Convention principles
• Ensuring legal certainty in adoptive parent-child relationship