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Implementing new adoption rules

  • Published
    13th Sep, 2022
Context

The Ministry of Women and Child Development has written to State governments, asking them to immediately implement the revised adoption rules requiring adoption orders to be passed by District Magistrates (DMs) instead of courts with effect from September 1.

About
  • All the cases pertaining to adoption matters pending before the Courts shall be transferred to the District Magistrates from the date of commencement of the Rules i.e. 01.09.2022.
  • The instructions come despite concerns raised over jurisdiction of DMs in civil matters such as inheritance and succession.
  • Concerns:
    • There is no clarification as to what happens to the orders that have been passed between September 1 and September 12.
    • Courts were not informed about the amendments and the Centre has also not yet notified Adoption Regulations 2022 detailing the process to be followed by the DMs.

Adoption:

  • Adoption means the process through which the adopted child is permanently separated from his biological parents and becomes the lawful child of the adoptive parents with all the rights, privileges and responsibilities that are attached to a biological child.
  • The Juvenile Justice (Care and Protection) Act 2015 read with Adoption Regulation, 2017 has recognized five kinds of adoption namely,
    • an abandoned, surrendered, destitute child adopted by unrelated person living within the country
    • an abandoned, surrendered, destitute child adopted by unrelated person living outside the country
    • a related child by relatives living within the country
    • a related child by relatives living outside the country
    • adoption of a child by step parents within the country

Central Adoption Resource Authority

  • Central Adoption Resource Authority (CARA) is a statutory body of Ministry of Women & Child Development, Government of India.
  • It functions as the nodal body for adoption of Indian children and is mandated to monitor and regulate in-country and inter-country adoptions.
  • CARA is designated as the Central Authority to deal with inter-country adoptions in accordance with the provisions of the Hague Convention on Inter-country Adoption, 1993, ratified by Government of India in 2003.
  • CARA primarily deals with adoption of orphan, abandoned and surrendered children through its associated /recognised adoption agencies.
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