Context: The latest data obtained through a recent Right To Information (RTI) application shows asymmetry in child adoption in India. Central Adoption Resource Authority (CARA), the country’s nodal adoption agency, has struggled to effectively manage the adoption process.
Relevance of the Topic:Prelims: Key facts about Central Adoption Resource Authority (CARA). Mains: The Child Adoption Crisis in India.
Adoption is India are governed by two laws
- Hindu Adoption and Maintenance Act, 1956 (for Hindus, Jains, Sikhs and Buddhists).
- Juvenile Justice (Care and Protection of Children) Act, 2015. CARA comes into the picture for parents taking the JJ Act route.
Central Adoption Resource Authority
- Central Adoption Resource Authority (CARA) was set up in 1990 by the Ministry of Women & Child Development to oversee child adoption procedures for Indians and non-resident Indians living abroad.
- CARA attained the status of a statutory body in 2016 under the Juvenile Justice (Care and Protection of Children) Act, 2015.
- CARA is the nodal body regulating the adoption of orphaned, surrendered and abandoned children in India.
Mandate and Functions of Central Adoption Resource Authority
- CARA is mandated to monitor and regulate in-country and inter-country adoptions in accordance with the provisions of the Hague Convention on Intercountry Adoption, 1993, ratified by Government of India in 2003.
- These procedures include centralising registration for children and prospective parents, conducting home study reports, referring children, preparing orders and conducting post-adoption follow-ups.
- CARA is also mandated to frame regulations on adoption-related matters from time to time as per Section 68 of the JJ Act, 2015.
In 2018, CARA allowed individuals in a live-in relationship to adopt children from and within India.
Hague Convention on Intercountry Adoption, 1993:
- The international agreement facilitates adoption beyond borders.
- It helps find a permanent family for a child for whom a suitable family cannot be found in his or her State of origin and to prevent the abduction, the sale of, or traffic in children.
- India ratified the convention in 2003.
Juvenile Justice Act and Adoption Process
- The Juvenile Justice (Care and Protection of Children) Act, 2015 empowered CARA to streamline the process and infuse transparency and efficiency into the system.
- It included setting up an e-governance system (CARINGS) to facilitate adoption, allowing prospective parents to track applications and setting out times for domestic and inter-country adoptions to ensure early deinstitutionalisation of such children.
- The streamlined process meant that once CARA gave a no-objection certificate (NOC) to childcare institutions and civil society organisations, they could directly give a child for adoption, minimising the possibility of trafficking and corruption.
- The Juvenile Justice (Care and Protection of Children) Amendment Act, 2022 authorised local District Magistrates (DMs) to issue adoption orders in order to ensure speedy disposal of cases and enhance accountability, thus decentralising responsibilities. The DMs would also be charged with inspecting the functioning of local childcare institutions, child welfare committees, juvenile justice boards, etc.
Benefits of Adoption:
- Adoption can provide a child with the critical resource needed for a healthy and stable living.
- Allows mothers to continue pursuing their goals without putting their education or career on hold.
- Relieves the financial and emotional stress of unplanned pregnancy and single parenting.
- Gives an opportunity to help hopeful parents who would not be able to have a child otherwise.
Challenges in Child Adoption Process in India:
- Growing gap and imbalance in Adoption: In 2022, a Parliamentary panel called the imbalance in adoption a paradoxical situation:
- As per the 2020 World Orphan Report, India has an estimated 3.1 crore children who were orphans. But as of 2025, only 2652 children were legally free for adoption.
- While a significant number of parents are willing to adopt, only a limited number of children are legally cleared for adoption. As of 2025, there are 13 prospective parents for every child free for adoption.
- Time-consuming adoption process: Average delay for prospective parents to get an adoption referral in India has increased from 3 years by 2022 to about 3.5 years in 2025. This delay could force prospective parents to adopt children via illegal means.
- Implementation Challenges:
- Over-Centralisation: CARA’s centralised processes and requirement for multiple NOCs and home studies cause delays and discourage many adoptions, especially inter-country adoptions.
- Tedious legal formalities: Exhaustive paperwork and court procedures often lead to attrition of prospective parents in the adoption process pipeline.
- Infrastructure constraints: Implementation is a huge challenge due to resource limitations, lack of training, and a gap in linkages between adoption agencies and the Child Care Institutions (CCI).
- Shortage of babies/young children: High demand-supply skew exists for healthy infants/toddlers (aged 0-2 years) amid prevalent societal prejudices. Most children tend to be older in age or have special needs, who are less likely preferred by prospective parents.
In 2023, the Supreme Court “expressed displeasure” over the time-consuming adoption process.
Way Forward
- Digitalisation of the records of children with Child Care Institutions (CCI) to speeden the process of bringing children to legal adoption pool.
- Address Legal Complexities: Simplify procedures, make court processes child-friendly avoiding intimidating environments. Set time-bound frameworks at each step to fasten the adoption process.
- Mandatory formal training and counseling for prospective parents, particularly those adopting children with special needs.
- Enhance Monitoring and Quality enhancement mechanisms for Child Care Institutions (CCI), including mandatory licensing and annual grading on indicators like resource availability and child protection norms compliance.
- A Parliamentary Standing Committee (2022) has recommended district-level surveys to ensure that orphan and abandoned children found begging on the streets are made available for adoption at the earliest.
- Robust post-adoption tracking systems are also needed.
Hindu Adoption and Maintenance Act (HAMA), 1956 which allows Hindus to adopt without involving agencies remains a popular mode of child adoptions. However, it adds to concerns as adoptions under HAMA may bypass child welfare checks leading to potential misuse about trafficking and illegal adoptions.
Hence, India needs a robust child adoption process that is child-centric, less time consuming and institutionalised.