New Delhi, March 16 The Central Adoption Resource Authority has issued three office memoranda to all states and Union territories, directing them to ensure strict compliance with adoption procedures, safeguard records of adoptees, and protect children's identity.
According to an official statement, the directions were issued to the State Adoption Resource Agencies (SARAs) in accordance with the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 (as amended in 2021), and the Adoption Regulations, 2022.
Adoption under the Act aims to secure the right to family for orphaned, abandoned, and surrendered children, as envisaged under Section 56(1) of the Act.
In the first memorandum, the Central Adoption Resource Authority (CARA), the apex body for adoptions in the country, reiterated the mandatory observance of statutory procedures and timelines before declaring a child legally free for adoption, the statement said.
The Authority clarified that no orphaned or abandoned child can be declared legally free for adoption without the completion of due inquiry, tracing of biological parents, restoration efforts, and other statutory requirements within the prescribed timeframe, it said.
In the case of surrendered children, the mandatory reconsideration period of two months, as provided under the Act, must be strictly followed before the child can be declared legally free for adoption, the statement said.
The second memorandum issued policy clarification on the safekeeping, maintenance, and transfer of records of children and adoptees.
This move comes in view of difficulties faced by adult adoptees seeking information about their origins through the root search process under Regulation 47(2) of the Adoption Regulations, 2022.
It was observed that in some cases, records were unavailable because the concerned specialised adoption agency (SAA) or child care institution (CCI) had been closed, de-registered, merged, or its functions transferred to another institution.
CARA reiterated that the responsibility to preserve and safeguard such records continues irrespective of the operational status of the institution.
The states and Union territories have been asked to ensure that all physical and digital records are securely preserved and transferred to the designated authority or institution, and that appropriate arrangements are made for long-term safekeeping to facilitate root search by the adoptees in the future.
Records must not be destroyed, discarded or rendered inaccessible except in accordance with the procedure laid down under the law, it said, adding that these provisions are aligned with Section 99 of the Act, which mandates confidentiality of reports and records relating to children.
In the third office memorandum, CARA directed the states and UTs to ensure strict compliance with Section 74 of the Juvenile Justice Act, which prohibits the disclosure of the identity of children in conflict with law or those in need of care and protection.
The states have been asked to issue instructions to all concerned institutions and officials to ensure that photographs, videos or identifying particulars of children residing in specialised adoption agencies or child care institutions are not disclosed in any form of communication, including social media.
The states have also been advised to initiate appropriate action in cases of violation and to sensitise officials and staff regarding the confidentiality requirements and penal consequences under Section 74(3) of the Act, the statement said.
Through these measures, CARA aims to strengthen transparency, accountability, and child protection within the adoption ecosystem while safeguarding the rights, dignity, and privacy of children and adoptees, it added.