CARAG Guideleines

Back Drop
• The Juvenile Justice (Care and Prtection of Children) Act, 2000

• Stephanie Joan Becker vs. State and Anr. (Civil Appeal No.
1053 of 2013);

• L. K. Pandey vs. Union of India in WP (Crl.) No. 1171 of 1982

• UN Convention on the Rights of the Child, 1989

• The Hague Convention on Protection of Children and

Cooperation in respect of Inter-country Adoption, 1993
 Definitions
• “abandoned” means an unaccompanied and deserted
child who is declared abandoned by the Child Welfare
Committee after due inquiry.
• “orphan” means a child
– who is without parents or legal guardian; or
– whose parents or legal guardian is not willing to take, or
capable of taking care of the child;
• “surrendered child” means a child, who in the opinion
of the Child Welfare Committee, is relinquished on
account of physical, emotional and social factors
beyond the control of the parent or legal guardian
 Definitions
• “best Interest of the child” means the basis for any decision taken
regarding the child to ensure fulfillment of his basic rights and
needs, identity, social well-being and physical, emotional and
intellectual development
• “court” means a civil court, which has jurisdiction in matters of
adoption and may include the District Court, Family Court and City
Civil Courts
• “Child Study Report” means the report which contains details
about the child, including his date of birth and social background
as per the format.
• “Home Study Report” means a report containing details of the
adoptive parents, which include social and economic status; family
background; description of home; standard of living; compatibility
between spouses, and other family members; health status;
Fundamentals of Adoption Under CARA

• Child’s best interest

• Placement of child with Indian Citizen
• Socio legal status of prospective adoptive
parents
• Pre and post counselling
• Motivation for adoption
 Eligibility criteria for prospective Adoptive
parents
• Physically, mentally and emotionally stable
• Financially capable
• Motivated to adopt a child and
• should not have any life threatening medical
condition
• Martial status is not bar for adoption
• Adopt even have biological or adopted child
• single female is eligible to adopt a child of any
gender
 Eligibility criteria for prospective Adoptive
parents
• Single male person shall not be eligible to adopt a
girl child
• Free consent is required
• Two years of stable marital relationship
Age of the child Maximum composite age Maximum age of single
of prospective prospective adoptive
adoptive parents parent
Upto 4 years 90 years 45 years
Above 4 upto 8 years 100 years 50 years
Above 8 upto 18 years 110 years 55 years;
 Selection of Child
• Registration in Child Adoption Resource
Information and Guidance System
• On basis of seniority parents will get chance to
see photographs
• Viewing of photographs
• Reservation of child within 48 Hours
• Suitability of parents
• Meeting with parents
• Max 15 days to complete process
• Sign on medical and child study report
 Legal Procedure
• Petition by specialised adoption agency
• Petition with requisite documents
• In camera proceedings within two months
• SAA shall obtain certificate and forward it to
parents
• Registration of adoption deed is not requried
• SAA shall obtain the birth certificate within ten
days