In a major move to strengthen India’s adoption system, the Central Adoption Resource Authority has issued nationwide directives to reinforce compliance in adoption procedures, safeguard records of adoptable children and adoptees, and ensure strict protection of children’s identities.
The authority, a statutory body functioning under the Ministry of Women and Child Development, has released three key office memoranda to all State Adoption Resource Agencies across states and Union Territories. The directives are aligned with the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015, amended in 2021, and the Adoption Regulations, 2022.
The measures aim to strengthen transparency, accountability, and child protection within the adoption framework while safeguarding the rights, dignity, and privacy of children and adoptees across the country.
Strict timelines before declaring children legally free for adoption
Under the first office memorandum, the authority has reiterated that statutory procedures and timelines must be strictly followed before any child is declared legally free for adoption.
The adoption process under Section 56(1) of the Juvenile Justice Act seeks to secure the right to family for orphaned, abandoned and surrendered children. The authority has emphasised that no orphan or abandoned child can be declared legally free for adoption unless due inquiry, efforts to trace biological parents, restoration attempts and other legal requirements are completed within the prescribed timelines.
In cases involving surrendered children, the mandatory two-month reconsideration period under the law must be strictly observed before the child can be legally declared free for adoption.
Policy clarification on preservation and transfer of adoption records
The second memorandum focuses on the safeguarding, maintenance and transfer of records relating to children and adoptees.
The clarification comes in response to difficulties faced by adult adoptees who seek information about their origins through the root search process provided under Regulation 47(2) of the Adoption Regulations, 2022.
Authorities have observed that in several cases, records were unavailable because the concerned Specialised Adoption Agency or Child Care Institution had shut down, lost its registration, merged with another institution or transferred its functions elsewhere.
To address this challenge, the authority has reiterated that the responsibility to preserve records remains intact regardless of the operational status of an institution.
States and Union Territories have been asked to ensure that both physical and digital records are securely preserved and transferred to a designated authority or institution where necessary. Proper arrangements must be made for long-term preservation so that adopted individuals can access information about their origins in the future.
The authority has also stressed that records cannot be destroyed, discarded or made inaccessible without following the procedures laid down in law. These provisions are consistent with Section 99 of the Juvenile Justice Act, which mandates confidentiality of reports and records concerning children.
Strict ban on disclosure of children’s identity
Through the third memorandum, the authority has directed all states and Union Territories to ensure strict compliance with Section 74 of the Juvenile Justice Act, which prohibits disclosure of the identity of children involved in legal processes or those in need of care and protection.
States have been instructed to issue clear directions to all relevant institutions and authorities to ensure that no photographs, videos, or identifying details of children residing in Specialised Adoption Agencies or Child Care Institutions are shared through any form of communication, including social media platforms.
They have also been advised to initiate appropriate action in cases of violations and to sensitise officials and staff about confidentiality obligations and the penal consequences prescribed under Section 74(3) of the law.
Through these measures, the adoption authority aims to reinforce transparency and accountability in the adoption process while ensuring that the rights, privacy, and dignity of children and adoptees remain fully protected. States and Union Territories have been urged to strictly implement these directives to ensure the effective functioning of India’s adoption system.
