What Is the Role of CARA in Adoption?

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The Central Adoption Resource Authority (CARA), established in 1990 under the Ministry of Women and Child Development (MWCD), plays a pivotal role in the adoption process in India. Its primary goal is to regulate, monitor, and promote ethical and legal adoption to ensure that children are placed in safe and loving families. CARA is a statutory body that provides a standardized framework for adoption and ensures that children’s welfare is protected throughout the adoption process.

Key Roles and Responsibilities of CARA

1. Regulating the Adoption Process

CARA is responsible for overseeing and regulating the adoption process in India. It ensures that both domestic and intercountry adoptions follow the legal guidelines established by the Juvenile Justice Act (JJ Act), 2015, and other relevant laws. CARA works with authorized adoption agencies to ensure that every adoption is handled ethically, transparently, and legally.

  • Approval of Adoption Agencies: CARA authorizes and approves adoption agencies that are allowed to process adoptions. Only CARA-approved agencies can carry out the adoption process and place children for adoption.
  • Adoption Guidelines: CARA issues guidelines that adoption agencies must follow, ensuring that each adoption follows the best practices in child welfare.

2. Child Welfare and Protection

One of CARA's primary responsibilities is ensuring that the adoption process is in the best interests of the child. CARA works to safeguard the rights and welfare of children, ensuring that they are placed in families that can provide love, care, and a secure future.

  • Child’s Consent: Before adoption, CARA ensures that a child is legally free for adoption, which means that the biological parents or legal guardians have given their consent or the child is abandoned, orphaned, or surrendered.
  • Monitoring and Follow-ups: CARA mandates post-adoption follow-ups to monitor the child's well-being in the adoptive family, ensuring the child’s development and welfare are being properly looked after.
  • Protection Against Exploitation: CARA aims to prevent trafficking and exploitation of children by ensuring that only legitimate and ethical adoptions take place.

3. Intercountry Adoption

CARA plays a crucial role in managing intercountry adoptions, where children from India are adopted by parents living abroad. It ensures that these adoptions comply with both Indian laws and international regulations, such as those set by the Hague Convention on Intercountry Adoption.

  • Intercountry Adoption Guidelines: CARA provides specific guidelines for intercountry adoption, ensuring that the adoption process is transparent and ethical for children moving from India to other countries.
  • Nodal Agency: CARA acts as the nodal agency for intercountry adoption, facilitating communication between Indian adoption agencies, foreign adoption agencies, and authorities.

4. Ensuring Legal Framework Compliance

CARA ensures that all adoptions are carried out in accordance with the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) and the Hindu Adoption and Maintenance Act, 1956 (HAMA). The role of CARA also includes monitoring the adoption process and enforcing compliance with legal standards.

  • Court Orders: CARA works with family courts to ensure that adoption orders are legally binding and that the adoptive parents' rights are protected.
  • Legal Documentation: CARA ensures that all required legal documents are in place for adoption, including consent forms, court orders, and adoption certificates.

5. Promoting Ethical Adoption Practices

CARA plays a role in educating and raising awareness about ethical adoption practices, helping people understand the legal, emotional, and social implications of adoption.

  • Training for Agencies and Parents: CARA conducts training programs for adoption agencies, legal professionals, and prospective adoptive parents, helping them understand the adoption process, child protection laws, and ethical considerations.
  • Public Awareness Campaigns: CARA organizes awareness campaigns to help prospective parents understand the adoption process and the benefits of adoption.

6. Providing Adoption Assistance

CARA facilitates the matching of children with adoptive families and helps ensure that both the adoptive parents and children are adequately supported throughout the process.

  • Adoption Application Processing: CARA processes the applications of prospective adoptive parents, ensuring they meet the legal requirements.
  • Adoption List: CARA maintains an updated list of children who are legally free for adoption and can be matched with appropriate families.

7. Promoting National and International Collaboration

CARA acts as a liaison body between national and international agencies, fostering collaboration for the ethical placement of children in homes both in India and abroad.

  • Collaboration with Foreign Authorities: CARA coordinates with foreign governments, foreign adoption agencies, and international organizations to ensure that intercountry adoptions are conducted in compliance with Indian law and international treaties.

8. Support to Surrendered Children

CARA works to ensure that children who are abandoned or surrendered are provided with proper care, including placement in adoption homes and child care institutions. It ensures that these children are given the right to family care and not left in institutional care for extended periods.

Example

Nisha, a 5-year-old girl, has been abandoned by her parents and is placed in a CARA-approved adoption agency. The agency ensures Nisha is legally free for adoption, following the necessary legal processes and obtaining the required consent. CARA matches Nisha with a couple who are eligible to adopt. After the adoption, CARA follows up on Nisha’s welfare in the adoptive home, ensuring her emotional and physical well-being.

Summary

The Central Adoption Resource Authority (CARA) plays a pivotal role in ensuring that the adoption process in India is ethical, legal, and transparent. Its key functions include regulating adoption agencies, safeguarding the welfare of children, ensuring compliance with legal frameworks, managing intercountry adoptions, and promoting ethical adoption practices. CARA helps match children with suitable adoptive parents, ensures post-adoption monitoring, and plays a crucial role in child protection. Through its various initiatives, CARA aims to make adoption a safe, legal, and beneficial process for both children and adoptive families.

Answer By Law4u Team

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