CARA Issues Nationwide Directions to Strengthen Adoption Procedures, Safeguard Records and Protect Children’s Identity
Adoption under the Juvenile Justice Act is intended to secure the right to a family for orphan, abandoned and surrendered children, as provided under Section 56(1) of the law.
Office memorandums reinforce compliance with adoption laws, record preservation and confidentiality norms
New Delhi: The Central Adoption Resource Authority (CARA), a statutory body under the Ministry of Women and Child Development, has issued three important office memorandums to all state adoption resource agencies across states and union territories to strengthen compliance with adoption procedures, ensure preservation of records of adoptees, and protect the identity of children in the adoption system.
The directions have been issued in accordance with the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015, as amended in 2021, and the Adoption Regulations, 2022.
Adoption under the Juvenile Justice Act is intended to secure the right to a family for orphan, abandoned and surrendered children, as provided under Section 56(1) of the law.
Through the first office memorandum, CARA has reiterated the mandatory observance of statutory procedures and timelines before declaring a child legally free for adoption.
The authority clarified that no orphan or abandoned child can be declared legally free for adoption without completing due inquiry, tracing biological parents, restoration efforts and other statutory requirements within the prescribed timeframe. In the case of surrendered children, the mandatory reconsideration period of two months must be strictly followed before the child can be declared legally free for adoption.
In a second office memorandum, CARA issued policy clarification on the safekeeping, maintenance and transfer of records of children and adoptees. The move follows difficulties faced by adult adoptees seeking information about their origins through the root search process under Regulation 47(2) of the adoption regulations, 2022.
Authorities observed that in several cases records were unavailable because the concerned specialized adoption agency or child care institution had been closed, de-registered, merged, or its functions transferred to another institution.
To address this gap, CARA reiterated that the responsibility to preserve and safeguard records continues irrespective of the operational status of the institution.
States and union territories have been asked to ensure that both physical and digital records are securely preserved and transferred to designated authorities or institutions, and that arrangements are made for long-term safekeeping of records to enable future root searches by adoptees.
The authority emphasised that records must not be destroyed, discarded or rendered inaccessible except in accordance with legal procedures. These provisions are also aligned with Section 99 of the juvenile justice act, which mandates confidentiality of reports and records relating to children.
Through the third office memorandum, CARA directed states and union territories to ensure strict compliance with Section 74 of the juvenile justice act, which prohibits disclosure of the identity of children in conflict with law or children in need of care and protection.
States have been instructed to ensure that no photographs, videos or identifying details of children residing in specialized adoption agencies or child care institutions are disclosed through any communication channel, including social media.
Authorities have also been advised to initiate appropriate action in cases of violations and to sensitise officials and staff about confidentiality requirements and penal consequences under Section 74(3) of the act.
Through these measures, CARA aims to strengthen transparency, accountability and child protection within the adoption ecosystem while safeguarding the rights, dignity and privacy of children and adoptees across the country.
