Lok Sabha Question No. 3586 (UNSTARRED), answered on 2018-03-16
Subject: Revamp in Adoption Procedure
Ministry: WOMEN AND CHILD DEVELOPMENT
Asked by: PRATHAP SIMHA, SHOBHA KARANDLAJE

## GOVERNMENT OF INDIA MINISTRY OF WOMEN AND CHILD DEVELOPMENT

## LOK SABHA UNSTARRED QUESTION NO.3586 TO BE ANSWERED ON 16.03.2018

## REVAMP IN ADOPTION PROCEDURE

## 3586.   SHRI PRATAP SIMHA: KUMARI SHOBHA KARANDLAJE:

Will the Minister of WOMEN AND CHILD DEVELOPMENT be pleased to state:

- (a) whether the Government had revamped the adoption procedure and issued new guidelines/regulations in 2015 to make adoption faster and transparent and if so, the salient features thereof;
- (b) whether the role of Central Adoption Resource Authority (CARA) has also been expanded from monitoring agency to executing agency for adoption under new guidelines and if so, the details thereof;
- (c) whether  the  Government  has  taken  note  that  parents  and  adoption  agencies  find  the revamped system of adoption procedure as lacking the human element and requested/represented to the Government to further simplify the procedure;
- (d) if  so,  the  details  thereof  along  with  the  reaction  of  the  Government  about  in  further simplifying the adoption procedure to boost adoption of children; and
- (e) whether the CARA proposes to set up Counselling centres at the State and district level for both parents and children and if so, the details thereof?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT (DR. VIRENDRA KUMAR)

- (a) The Guidelines Governing Adoption of Children, 2015 has been replaced by the Adoption Regulations, 2017. This has been framed under Section 68(c) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) and notified on 4 th January,  2017  and  has come  to  force  w.e.f.  16 th January,  2017.  Transparency,  early  de-institutionalization  of children, informed choice for the parents, ethical practices and strictly defined timelines in the adoption process are the salient aspects of the Adoption Regulations.
- (b) The  role  &  responsibility  of  Central  Adoption  Resource  Authority  (CARA)  has  been stipulated under the Section 68 of the JJ Act and Rule 37 of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016 framed there under.

CARA has been mandated to perform the following functions under the JJ Act, 2015 :-

- (i) to  promote  in-country  adoptions  and  to  facilitate  inter-State  adoptions  in  coordination with State Agency;
- (ii) to regulate inter-country adoptions;
- (iii) to  frame regulations on adoption and related matters from time to time as may be necessary;
- (iv) to carry out the functions of the Central Authority under the Hague Convention on Protection of Children and Cooperation in respect of Inter-country Adoption;
- (v) any other function as may be prescribed.

As  per  the  Adoption  Regulations,  2017,  CARA  is  mandated  to  perform  the  following functions, in addition to the functions specified in section 68 of the JJ Act :-

- (i) monitor and regulate the procedure for in-country adoption;
- (ii) receive  applications  of  an  Non-Resident  Indian  or  Overseas  Citizens  of  India  or  a foreigner living abroad through authorised adoption agency or Central Authority or the Government department or the Indian diplomatic mission concerned and process the same in terms of section 59 (5) of the Act;
- (iii) receive and process applications received from a foreigner or an Overseas Citizen of India residing in India for one year or more, and who is interested in adopting a child from India in terms of sub-section (12) of section 59 (12) of the Act;
- (iv) issue No Objection Certificate in all cases of inter-country adoptions;
- (v) issue Conformity Certificate in the inter-country adoption cases under Article 23 of the Hague Adoption Convention in respect of inter-country adoption;
- (vi) intimate the immigration authorities of India and the receiving country of the child about the inter-country adoption cases;
- (vii) provide  support  and  guidance  to  State  Adoption  Resource  Agencies  (SARAs), District  Child  Protection  Units  (DCPUs),  Specialised  Adoption  Agencies  (SAAs) and other stakeholders of adoption in related matters, through trainings, workshops, exposure  visits,  consultations,  conferences,  seminars  and  other  capacity  building programmes;
- (viii) coordinate  with  State  Governments  or  the  SARAs  and  advise  them  in  adoption related matters;
- (ix) establish uniform standards and indicators, relating to :-
1. adoption procedure related to orphan, abandoned and surrendered children and also related to relative adoptions;
2. quality child care standards in SAAs and Child Care Institution;
3. monitoring and supervision of service providers;
4. standardization of documents in cases of adoptions; and
5. safeguards and ethical practices including online applications for facilitating hasslefree adoptions;
- (x) conduct research, documentation and publication on adoption and related matters;
- (xi) maintain a comprehensive centralised database relating to children and prospective adoptive  parents  (PAPs)  for  the  purpose  of  adoption  in  Child  Adoption  Resource Information and Guidance System;
- (xii) maintain a confidential centralised database relating to children placed in adoption and  adoptive  parents  in  the  Child  Adoption  Resource  Information  and  Guidance System;
- (xiii) carry  out  advocacy,  awareness  and  information,  education  and  communication activities  for  promoting  adoption  and  other  non-institutional  child  care  services either by itself or through its associated bodies;
- (xiv) enter into bilateral agreements with foreign Central Authorities as prescribed under the Hague Adoption Convention, wherever necessary;
- (xv) authorise foreign adoption agencies to sponsor applications of Non-Resident Indian (NRI) or Overseas Citizen of India or foreign prospective adoptive parents for intercountry adoption of Indian children;
- (xvi) set-up counselling Centre in its Head Quarters and support State Adoption Resource Agencies for setting-up of counseling centre at State and District level for:-
1. counselling of the PAPs;
2. counseling of older children, wherever required;
3. preparing post-adoption follow-up report, wherever required;
4. post adoption counselling of adopted children and adoptive parents; and
5. assisting and counselling of older adoptees in root search.
- (c) & (d): Adoption Policy has been simplified through the Adoption Regulations, 2017. These Regulations have been made keeping in mind the 'best interests of the child'.

The home assessments of the PAPs are done by the Social Worker from a SAA at their  habitual  place  of  residence  and  their  counselling  is  under  taken  by  them.  Further  on acceptance  of  the  referral  of  the  child,  the  PAPs  visit  the  SAA  and  meet  the  child.  Their matching  is  done  by  the  Adoption  Committee  of  the  SAA  before  the  PAPs  gives  their consent for adoption.

- (e) A  Counselling  Centre  has  been  functioning  in  CARA  since  1 st July,  2016  and  PAPs  can request for counselling on-line through CARA's website for both in-person and        telecounselling.  Counsellors  have  been  empanelled  for  this  purpose.  Several  PAPs  have  been counselled  through  this  facility.  Further  for  providing  counselling  facilities  at  the  State  & District  levels.  Circular  has  been  issued  by  CARA  on  18 th August,  2017  to  All  SARAs, DCPUs and SAAs.

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