All child adoptions violating 2017 regulations to be considered illegal, say new guidelines
Adoption Regulations, 2017, framed by the Central Adoption Resource Authority (CARA), as mandated under Section 68(c) of the Juvenile Justice (Care and Protection of Children) Act, 2015, have now come into force as per the statute and will be placed in the Parliament soon.
In Short
- Adoption Regulations, 2017, are framed by the Central Adoption Resource Authority (CARA).
- This move has strengthened adoption programme in India by streamlining the adoption process.
- 2017 regulations are path-breaking in terms of addressing need for in-family adoptions.
All child adoptions not adhering to the recently-notified adoption regulations by the Ministry of Women and Child Development will now be considered violation of the law. The new regulations replacing the earlier guidelines have a clear provision for adoption by relatives and step-parents of their spouses' children as well.
Adoption Regulations, 2017, framed by the Central Adoption Resource Authority (CARA), as mandated under Section 68(c) of the Juvenile Justice (Care and Protection of Children) Act, 2015, have now come into force as per the statute and will be placed in the Parliament soon.
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This move has strengthened the adoption programme in the country by streamlining the adoption process to be followed. The new regulations have been framed to overcome issues and challenges faced by adoption authorities and the Prospective Adoptive Parents (PAPs).
ADOPTION REGULATIONS, 2017 PATH-BREAKING
The 2017 regulations are path-breaking in terms of addressing the need for in-family adoptions, post-adoption support, child-centric provisions, category for immediate placements, flexibilities by way of relaxation committee, extended validity of home-study report, equitable referral of children, time-limit on courts for disposing adoption deeds, consolidation of seniority list, and facilitating the root search even by children below 18 years of age.
What is unique about the regulation is that it defines the procedures related to adoption by relatives, both within the country and abroad. Earlier, only the procedure for adoption by foreigners was in place. The procedure for adoption by step-parents has also been defined. It will help adopted children get their right of inheritance.
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- A fundamental principle relating to all adoptions to be registered on Child Adoption Resource Information and Guidance System (CARINGS) has been included to ensure that all adoptions, including in-family and relative adoptions, are registered with CARA.
- The scope of children available for adoption has been expanded to include a child of a relative and step-children.
- The age criterion for prospective adoptive parents has been relaxed for relative/in-family adoptions and adoption by step-parents. The limit on eligibility for adoption has been reduced from 4 children to 3.
- Therefore, couples with three or more children shall not be considered for adoption except in case of those with special needs or those hard to place as mentioned in regulations and for relative adoption and adoption by step-parents.
- Home Study Report emphasises the preparedness of the parents and their ability to support a child in adoption - beyond their immediate need.
- The District Child Protection Unit (DCPU) has 3 working days to place advertisement/notification for tracing the parents/guardians in case the child is received in adoption.
- Earlier, the same was 72 hours. Parents can indicate their preference for the state from which they wish to adopt at the time of registration itself, which will determine their waitlist in that state, for their chosen preference for the gender and age-combination of the child they wish to adopt. Parents can also indicate "All India" if they do not have any specific preference.
- They will be automatically registered for all the specialised adoption agencies of the state or states they have opted for.