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Inter-Country Adoption & CARA Guidelines

Topic 42 | Module 4: HAMA, 1956 | The Legal Bridge

For Judicial Service Aspirants: RJS | DJS | PCS-J | HJS | APO

Comprehensive Study Notes with Landmark Case Laws, Mnemonics & Exam Tips

Inter-Country Adoption & CARA Guidelines

Relevant Provisions: Juvenile Justice (Care and Protection of Children) Act, 2015 | CARA Guidelines | Laxmi Kant Pandey v. UOI (1984)

Priority: MEDIUM | Exam Relevance: RJS / DJS

1. Introduction

Inter-country adoption — the adoption of an Indian child by parents living in another country — is a complex area that sits at the intersection of personal law (HAMA), child welfare legislation (JJ Act 2015), and international regulation (Hague Convention on Inter-Country Adoption, 1993). India has evolved a comprehensive regulatory framework centred on CARA (Central Adoption Resource Authority), which is the nodal body for all adoptions in India. This topic is important for judicial aspirants because questions frequently test the interplay between HAMA and JJ Act, the role of CARA, and the landmark Shabnam Hashmi and Laxmi Kant Pandey decisions.

HAMA 1956 does NOT specifically deal with inter-country adoption. Its provisions are designed for domestic adoption within the Hindu community. The regulation of inter-country adoption developed through judicial intervention (Laxmi Kant Pandey, 1984) and legislative action (JJ Act 2000, replaced by JJ Act 2015). India ratified the Hague Convention on Inter-Country Adoption in 2003, committing to regulated, transparent, and welfare-focused inter-country adoption processes.

2. HAMA vs. JJ ACT — THE TWO ADOPTION FRAMEWORKS

3. CENTRAL ADOPTION RESOURCE AUTHORITY (CARA)

3.1 What is CARA?

CARA is the CENTRAL AUTHORITY for adoption in India, established under the JJ Act 2015 (Section 68). It functions as a statutory body under the Ministry of Women and Child Development. CARA's mandate:

• Regulate and oversee ALL adoptions — both domestic and inter-country.
• Maintain a centralised database of adoptable children and prospective adoptive parents.
• Facilitate matching of children with families.
• Monitor post-adoption welfare.
• Act as the Central Authority under the Hague Convention.

3.2 Key Functions

1. Registration: All Specialised Adoption Agencies (SAAs) must be registered with CARA.
2. Child Study Report: CARA ensures proper assessment of each child's background, health, and needs.
3. Home Study Report: Prospective adoptive parents are assessed through home study reports.
4. Matching: CARA's online system (CARINGS) matches children with suitable parents.
5. NOC for inter-country: CARA issues No Objection Certificate for inter-country adoptions.
6. Post-adoption monitoring: Mandatory follow-up reports for specified periods.

3.3 Hague Convention Compliance

India ratified the Hague Convention on Protection of Children and Co-operation in Respect of Inter-Country Adoption (1993) in 2003. Key principles:

• Subsidiarity: Inter-country adoption should be considered only when domestic placement is not available.
• Best interests: The best interests of the child are paramount.
• Consent: Free and informed consent of birth parents (without payment).
• Central Authority: Each country designates a Central Authority (CARA for India).
• Mutual recognition: Adoptions conforming to the Convention are recognised in all contracting states.

4. PROCESS OF ADOPTION UNDER JJ ACT

4.1 Domestic Adoption

1. Prospective parents register on CARA's online portal (CARINGS).
2. Home Study Report prepared by SAA.
3. Child matched through CARINGS system.
4. Pre-adoption foster care (if applicable).
5. Court order for adoption from District Court.
6. Post-adoption follow-up visits.

4.2 Inter-Country Adoption

1. Prospective parents apply through authorised agency in their country.
2. Home Study Report prepared by the foreign agency.
3. Application forwarded to CARA through the Central Authority of the receiving country.
4. CARA matches child with prospective parents.
5. Acceptance by prospective parents.
6. NOC issued by CARA.
7. Court order for adoption from Indian court.
8. Child travels to receiving country.
9. Post-adoption follow-up for minimum 2 years.

5. LANDMARK CASES

⚖️ Laxmi Kant Pandey v. Union of India AIR 1984 SC 469

Ratio: FOUNDATIONAL case on inter-country adoption. The Supreme Court, acting on a PIL about trafficking of Indian children, laid down comprehensive guidelines: (1) Inter-country adoption only when domestic placement unavailable; (2) Recognised agencies must handle the process; (3) Central regulatory body needed (precursor to CARA); (4) Home study reports mandatory; (5) No payment for children; (6) Post-adoption monitoring essential. This case created the entire framework later codified in JJ Act.

⚖️ Shabnam Hashmi v. Union of India (2014) 4 SCC 1

Ratio: Supreme Court held JJ Act adoption is SECULAR — available to ALL religions. Muslims, Christians, Parsis can adopt under JJ Act even though HAMA does not apply to them. JJ Act provisions are IN ADDITION TO personal law, not in derogation. Landmark for extending adoption rights beyond Hindu community.

⚖️ Bachpan Bachao Andolan v. Union of India (2011) SCC

Ratio: Supreme Court directed strengthening of child protection mechanisms. Highlighted the need for CARA's robust functioning and prevention of illegal adoptions and child trafficking.

⚖️ K.T. Plantation v. State of Karnataka (2011) 9 SCC 1

Ratio: While not directly on adoption, discussed the welfare principle in child-related legislation. The best interest of the child must guide all decisions.

6. CHALLENGES IN INTER-COUNTRY ADOPTION

• Bureaucratic delays: The multi-step process through CARA can take 2-3 years.
• Limited pool: Fewer children declared legally free for adoption than demand.
• State variations: Different states have different levels of CARA infrastructure.
• Post-adoption monitoring: Difficult to enforce in foreign countries.
• Cultural concerns: Debates about children losing cultural identity when adopted abroad.
• Trafficking risks: Despite CARA oversight, risks of exploitation persist.

7. IMPORTANT POINTS FOR EXAM REVISION

1. HAMA — Hindu only: Does not regulate inter-country adoption.
2. JJ Act 2015 — secular: Regulates all adoptions including inter-country. Available to all religions (Shabnam Hashmi).
3. CARA: Central regulatory body under JJ Act S.68. Nodal for all adoptions.
4. Hague Convention 1993: India ratified in 2003. CARA is Central Authority.
5. Subsidiarity: Inter-country adoption only when domestic placement unavailable.
6. Laxmi Kant Pandey (1984): Created the entire framework for inter-country adoption. PIL-based intervention.
7. Court order: Mandatory under JJ Act for all adoptions (HAMA does not require court order for most adoptions).
8. Post-adoption monitoring: Mandatory under JJ Act; not required under HAMA.

🧠 MNEMONIC: CARA Functions — 'RMMP'

Register agencies, Match children with parents, Monitor post-adoption, Prevent commercialisation. CARA = Central Adoption Resource Authority.

🎯 EXAM TIP

Key exam points: (1) Laxmi Kant Pandey = foundational inter-country case; (2) Shabnam Hashmi = JJ Act secular, available to all religions; (3) CARA under JJ Act S.68; (4) Hague Convention — subsidiarity principle; (5) HAMA does NOT cover inter-country adoption; (6) Court order mandatory under JJ Act.

8. PRACTICE QUESTIONS

Q1: Discuss the framework for inter-country adoption in India. What role does CARA play?

Q2: Examine the impact of Laxmi Kant Pandey v. Union of India on inter-country adoption law.

Q3: Compare adoption under HAMA with adoption under the JJ Act 2015. Which is more comprehensive?

Q4: Can a Muslim couple adopt a child in India? Discuss with reference to Shabnam Hashmi v. UOI.

Q5: What is the principle of subsidiarity in inter-country adoption? How does the Hague Convention apply?

Q6: Discuss the challenges facing inter-country adoption in India. How can the process be improved?