Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Central Adoption Resource Authority (CARA) - The statutory body constituted under the Juvenile Justice (Care and Protection of Children) Act, 2015, responsible for regulating and facilitating adoption procedures in India, including inter-country and intra-country adoptions. It issues No Objection Certificates (NOCs), support letters, and conformity certificates in accordance with the Hague Adoption Convention and Indian regulations. ["U. Ajay Kumar, S/o. Chandrashekar Udnur VS Union of India, Represented by its Member Secretary and Chief Executive Officer Central Adoption Resource Authority Ministry of Women and Children Development - Karnataka"], ["Ravi Kumar C. VS Central Adoption Resource Authority - Current Civil Cases"], ["Shabnamjahan D/o. Moinuddin Ansari VS State of Maharashtra - Bombay"], ["Jagdish Singh Shary VS Central Adoption Resource Authority - Delhi"], ["PREMA GOPAL vs CENTRAL ADOPTION RESOURCE AUTHORITY - Supreme Court"], ["Prema Gopal VS Central Adoption Resource Authority - Supreme Court"], ["Ravi Ganjoo VS Union of India - 2022 0 Supreme(Del) 728"]
Inter-country Adoption Procedures - CARA verifies documents, issues support letters upon receiving acceptance from receiving countries' government departments, and ensures compliance with Hague Convention Articles 5 and 17. For countries outside the Hague Convention, CARA issues support letters and no objection certificates based on verified documentation. ["U. Ajay Kumar, S/o. Chandrashekar Udnur VS Union of India, Represented by its Member Secretary and Chief Executive Officer Central Adoption Resource Authority Ministry of Women and Children Development - Karnataka"], ["Ravi Kumar C. VS Central Adoption Resource Authority - Current Civil Cases"], ["PREMA GOPAL vs CENTRAL ADOPTION RESOURCE AUTHORITY - Supreme Court"], ["Prema Gopal VS Central Adoption Resource Authority - Supreme Court"], ["Ravi Ganjoo VS Union of India - 2022 0 Supreme(Del) 728"]
In-country and Relative Adoption - The JJ Act and related regulations permit relatives to adopt children irrespective of religion, provided they follow prescribed registration and legal procedures on the Child Adoption Resource Information and Guidance System (CARINGS). Adoption orders are granted by courts with jurisdiction, and authorities notify relevant agencies such as District Magistrates. ["Afreen D/o M D Faqruddin VS Sub Registrar Office At Yelahanka, Bengaluru - Karnataka"], ["Shabnamjahan D/o. Moinuddin Ansari VS State of Maharashtra - Bombay"], ["Shabnamjahan VS State of Maharashtra - Current Civil Cases"]
Legal Framework - The Juvenile Justice (Care and Protection of Children) Act, 2015, along with its rules and regulations, governs all aspects of adoption, including procedures for inter-country adoption, relative adoption, and special cases. Amendments in 2006 and 2021 have clarified procedures and authority functions. ["Afreen D/o M D Faqruddin VS Sub Registrar Office At Yelahanka, Bengaluru - Karnataka"], ["Shabnamjahan D/o. Moinuddin Ansari VS State of Maharashtra - Bombay"], ["Jagdish Singh Shary VS Central Adoption Resource Authority - Delhi"], ["PREMA GOPAL vs CENTRAL ADOPTION RESOURCE AUTHORITY - Supreme Court"], ["Prema Gopal VS Central Adoption Resource Authority - Supreme Court"]
Court and Authority Roles - Courts with jurisdiction over adoption matters are empowered to grant adoption orders, while CARA oversees procedural compliance, issues necessary certificates, and verifies documentation. Court orders and CARA approvals are essential for legal recognition of adoptions, especially in inter-country cases. ["Afreen D/o M D Faqruddin VS Sub Registrar Office At Yelahanka, Bengaluru - Karnataka"], ["Shabnamjahan D/o. Moinuddin Ansari VS State of Maharashtra - Bombay"], ["Jagdish Singh Shary VS Central Adoption Resource Authority - Delhi"], ["Ravi Ganjoo VS Union of India - 2022 0 Supreme(Del) 728"]
Key Insights - CARA functions as the central regulatory authority ensuring adherence to international conventions (Hague) and national laws. Its role includes issuing certificates, supporting documentation, and facilitating legal adoption processes. The legal structure emphasizes transparency, documentation verification, and inter-agency coordination. ["U. Ajay Kumar, S/o. Chandrashekar Udnur VS Union of India, Represented by its Member Secretary and Chief Executive Officer Central Adoption Resource Authority Ministry of Women and Children Development - Karnataka"], ["Ravi Kumar C. VS Central Adoption Resource Authority - Current Civil Cases"], ["Shabnamjahan D/o. Moinuddin Ansari VS State of Maharashtra - Bombay"], ["Jagdish Singh Shary VS Central Adoption Resource Authority - Delhi"], ["PREMA GOPAL vs CENTRAL ADOPTION RESOURCE AUTHORITY - Supreme Court"], ["Prema Gopal VS Central Adoption Resource Authority - Supreme Court"], ["Ravi Ganjoo VS Union of India - 2022 0 Supreme(Del) 728"]
Conclusion: The Central Adoption Resource Authority (CARA) is the pivotal statutory body managing all facets of adoption in India, including inter-country adoption under the Hague Convention. It ensures legal compliance through issuance of certificates, verification of documents, and coordination with courts and foreign authorities, thereby facilitating lawful and transparent adoption processes in accordance with Indian laws and international treaties.
Adopting a child, especially through inter-country processes, can be a complex journey filled with legal hurdles and emotional stakes. Many prospective parents in India and abroad wonder about the Central Adoption Resource Authority Act and its implications. While there isn't a standalone Central Adoption Resource Authority Act, the Central Adoption Resource Authority (CARA) operates as a statutory body under the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act). This guide breaks down CARA's role, functions, regulations, and key considerations to help you navigate adoption laws effectively. Note: This is general information and not specific legal advice; consult a qualified lawyer for your situation.
CARA serves as the nodal agency for regulating, monitoring, and promoting adoptions in India, with a special focus on in-country and inter-country adoptions. Originally established as a non-statutory body following the landmark Supreme Court judgment in Lakshmi Kant Pandey v. Union of India, CARA aimed to curb child trafficking and standardize adoption practices Pinki VS State of Uttar Pradesh - 2025 3 Supreme 385.
Under Section 68 of the JJ Act, 2015, CARA gained statutory status, empowering it to frame regulations, oversee procedures, and facilitate adoptions while prioritizing child welfare Pinki VS State of Uttar Pradesh - 2025 3 Supreme 385Nitin VS Union Of India - 2021 Supreme(Bom) 1084. As stated, CARA is constituted under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) Abdulkadir Lokhandwala vs Central Adoption Resource Agency - 2025 Supreme(Bom) 1020. This transformation marked a significant step in creating a structured framework for ethical adoptions.
CARA's mandate is comprehensive, ensuring adoptions are legal, ethical, and child-centric. Primary functions include:
CARA also perform the function of inter-country adoptions. Section 68 of the JJ Act relates to Central Authority known as Central Adoption Resource Authority to promote in-country adoptions and to facilitate inter-state adoptions in coordination with State Agency Nitin VS Union Of India - 2021 Supreme(Bom) 1084.
CARA verifies that prospective adoptive parents meet eligibility criteria, such as age, health, and financial stability, always placing the child's best interests first Pinki VS State of Uttar Pradesh - 2025 3 Supreme 385.
CARA's operations are governed by evolving regulations:
The process typically involves:1. Registration on CARA's CARINGS portal.2. Document submission and home study.3. Child referral and pre-adoption foster care.4. Court approval and NOC for inter-country cases Stephanie Joan Becker VS State - 2013 0 Supreme(SC) 133Ravi Ganjoo VS Union of India - 2022 0 Supreme(Del) 728.
Accordingly, Adoption Regulations, 2017 were formulated... Section 68 of JJ Act confers regulations making power on the Central Adoption Resource Authority XXXXXXXXXX VS State Of Kerala - 2021 Supreme(Ker) 426. Recent amendments clarify procedures under the Hindu Adoptions and Maintenance Act (HAMA) while reinforcing CARA's oversight Anokha VS State Of Rajasthan - 2003 8 Supreme 677.
For inter-country adoptions, CARA acts as India's central authority under the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption. It issues NOCs after rigorous checks, ensuring the child's welfare, parental eligibility, and legal entry into the receiving country Pinki VS State of Uttar Pradesh - 2025 3 Supreme 385Ravi Ganjoo VS Union of India - 2022 0 Supreme(Del) 728Karina Jane Creed VS Union Of India (UOI) - 2019 0 Supreme(SC) 2077.
However, limitations exist. For instance, the JJ Act does not cover adoptions of foreign citizens, requiring compliance with the child's home country's laws Abdulkadir Lokhandwala vs Central Adoption Resource Agency - 2025 Supreme(Bom) 1020. In one case, CARA's refusal to register the Petitioners as prospective adoptive parents... was based on lawful provisions of the JJ Act, which do not apply in this scenario Abdulkadir Lokhandwala vs Central Adoption Resource Agency - 2025 Supreme(Bom) 1020. Similarly, adoptions under HAMA, 1956, are valid independently and may not always require CARA NOC, as adoptions under HAMA, 1956 are valid and irreversible, and are not subject to the provisions of the J.J. Act, 2015 Jasmine Kaur VS Union Of India - 2020 Supreme(P&H) 1021.
CARA continues to evolve. The Adoption (Amendment) Regulations 2021 streamline NOC processes and documentation Jaswinder Singh VS Florinda Pacitti - 2014 0 Supreme(Jhk) 840. Courts have emphasized procedural adherence; violations can jeopardize adoptions. In a foster care custody case, the court stressed, the importance of following the procedures outlined in the Juvenile Justice Act, 2015 and the Rules, 2018 to protect the best interest of the child Nitin VS Union Of India - 2021 Supreme(Bom) 1084.
Another ruling highlighted surrender procedures: Under Regulation 7(5) of the Adoption Regulations, if a child born to a married couple is surrendered, both parents have to sign a deed of surrender XXXXXXXXXX VS State Of Kerala - 2021 Supreme(Ker) 426. Delays in referrals despite CWC declarations have prompted judicial scrutiny of CARA and state agencies Vineeta Kushwaha VS . - 2018 Supreme(MP) 266.
In passport-related matters, courts have directed CARA to issue NOCs for valid HAMA adoptions, clarifying that Passport Authorities cannot retrospectively challenge adoption validity Jasmine Kaur VS Union Of India - 2020 Supreme(P&H) 1021.
The government is urged to establish a permanent HAMA framework for inter-country adoptions Pinki VS State of Uttar Pradesh - 2025 3 Supreme 385.
CARA stands as a pillar in India's adoption ecosystem, promoting ethical practices under the JJ Act, 2015. From issuing vital NOCs to verifying inter-country adoptions, it safeguards children while aligning with global standards. Prospective parents should prioritize compliance to ensure smooth processes. Always remember, adoption laws evolve—stay informed and consult professionals.
In summary, CARA is the statutory authority under the JJ Act, 2015, regulating adoptions comprehensively, including inter-country ones via NOCs and Hague compliance Pinki VS State of Uttar Pradesh - 2025 3 Supreme 385.
This article draws from legal precedents and regulations for informational purposes only.
#CARAIndia, #ChildAdoption, #InterCountryAdoption
As per law, he has also recommended the adoption to the Central Adoption Resource Authority for necessary action. ... (2) In the case of countries outside the Hague Adoption Convention, a support letter shall be issued by the Central Adoption Resource Authority.” ... The Deputy Commissioner records that he has examined the parties and witnesses and recommends adoption to be legalized by the #HL_....
Central Adoption Resource Authority. ... (2) In the case of countries outside the Hague Adoption Convention, a support letter shall be issued by the Central Adoption Resource Authority.” ... The petitioners then desirous of adoption to become formal in India, in order to conduct their actions in compliance with the Regulations, preferred an application before the 1st respondent –Central #HL_STA....
Section 38(5) mandates that the Committee notify the District Magistrate, State Adoption Resource Agency, and Central Adoption Resource Authority. 10.8. ... Resource Authority, as provided under Section 64 of the JJ Act, 2015. ... By virtue of the amendment effected in 2006, Section 41 of the Juvenile Justice (Care and Protection of Children) Act, 2000, and the Juvenile Justice Rules, 2007, confer authori....
The learned Counsel for the Applicants submitted that the observations of the learned Judge are contrary to the report submitted by the District Child Protection Unit and the pre-approval letter issued by the Central Adoption Resource Authority (“CARA”). ... Sub-section (2) of Section 56 permits the adoption of a child from a relative by another relative irrespective of their religion by following the provision of the JJ Act and the Rules framed by the Authority. ... ....
The learned Counsel for the Applicants submitted that the observations of the learned Judge are contrary to the report submitted by the District Child Protection Unit and the pre-approval letter issued by the Central Adoption Resource Authority (“CARA”). ... Sub-section (2) of Section 56 permits the adoption of a child from a relative by another relative irrespective of their religion by following the provision of the JJ Act and the Rules framed by the Authority. ... ....
The Respondent No.1 is the Central Adoption Resource Agency. CARA is constituted under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 (“JJ Act”). ... Refusal by the Central Adoption Resource Agency (“CARA”) to register the Petitioners as prospective adoptive parents on its “CARINGS” web portal prompted the Petitioner to approach this Court seeking a direction to Respondent No.1 to register them as prospective adopt....
Adoption, a letter accepting the said adoption from the Government department concerned of the receiving country shall be sought by the Central Adoption Resource Authority in order to issue the final support letter from the Central Adoption Resource Authority." ... CM APPL. 40499/2021 has been filed seeking directions to the Respondent-Central Adoption Resource ....
ADOPTION RESOURCE AUTHORITY & ORS. ... in respect of Inter-country Adoption, the Central Adoption Resource Authority shall issue a support letter upon receiving a letter accepting the said adoption from the Government department.” ... Per contra, learned ASG appearing for respondent No.1/Central Adoption Resource Authority contended that this is a case of inter....
the Central Adoption Resource Authority shall issue a support letter upon receiving a letter accepting the said adoption from the Government department.” ... Per contra, learned ASG appearing for respondent No.1/Central Adoption Resource Authority contended that this is a case of inter-country adoption and therefore, the procedure as envisaged under the Regulations for inter country adoption must ....
a letter accepting the said adoption from the Government department concerned of the receiving country shall be sought by the Central Adoption Resource Authority in order to issue the final support letter from the Central Adoption Resource Authority." ... The passport authority vide letter dated July 5, 2021 addressed to the minor girl had called upon the petitioner to furnish certain documents including ‘No Object....
-{l} This Chapter shall apply to- (a) all adoption cases under the Hindu Adoptions and Maintenance Act, 1956 (78 of 1956) by prospective adoptive parents or adoptive parents residing outside the country. (b) all adoption cases pertaining to countries outside the Hague Adoption Convention. (2) The Central Adoption Resource Authority shall register applications for Inter-Country Adoptions concluded under the Hindu Adoptions and Maintenance Act, 1956 (78 of 1956).
CARA also perform the function of inter-country adoptions. 18. Section 68 of the JJ Act relates to Central Authority known as Central Adoption Resource Authority to promote in-country adoptions and to facilitate inter-state adoptions in coordination with State Agency.
Accordingly, Adoption Regulations, 2017 were formulated. One of the modes of restoration prescribed in Section 40 is restoration with adoptive parents. Section 68 of JJ Act confers regulations making power on the Central Adoption Resource Authority. Therefore, the procedure as mentioned in the Adoption Regulations also assumes importance to differentiate the procedure for declaration under Section 38 of an abandoned child and surrendered child.
(iii)Details of children of both natural and adoptive parents. That it does not confirm to the conditions prescribed in the check-list, Annexure P-4 of respondent Nos.1 and 2, inter alia as follows: (ii)Legal and valid adoption deed declared by Court of law. (i) NOC from Central Adoption Resource Authority (CARA).
In the reply, it is stated by them that the Central Adoption Resource Authority has no role to play and the State Agencies like District Child Protection Units, Child Welfare Committees, Child Care Institutions are responsible for the delay in referral of the children. Role and Responsibility of Central Adoption Resource Authority As regards remaining issues, the Court by the order further sought clarification as under : It is also stated in their reply that the Central Adoption Resource Authority is merely a regulating authority and the web portal has been provided by the ....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.