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Law Commission of India – Background, Functions and Major Reports

Puja 23/08/2022

Law-Commission-of-India-upsc

From Current Affairs Notes for UPSC » Editorials & In-depths » This topic

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Central Adoption Resource Authority (CARA) mind map Recent developments Supreme Court directives Identify children for adoption every two months Set up Specialised Adoption Agency (SAA) in every district by January 31, 2024 Submit data on Hindu Adoption and Maintenance Act (HAMA) adoptions Streamline adoption process Address mismatch between available children and adoptive parents Report by "The Temple of Healing" on legal process simplification About Autonomous and statutory body Ministry of Women and Child Development Government of India Established in 1990 Functions under Juvenile Justice (Care and Protection of Children) Act, 2015 Nodal body for adoption Indian children Monitor and regulate adoptions In-country Inter-country Designated Central Authority Hague Convention on Inter-country Adoption, 1993 Ratified by India in 2003 Handles adoption Orphaned, surrendered, abandoned children Through recognized adoption agencies Allows live-in relationships to adopt From 2018 Adoption laws in India Hindu Adoption and Maintenance Act, 1956 (HAMA) Hindus, Buddhists, Jains, Sikhs Guardians and Wards Act, 1890 Guardianship, not adoption Adoption preferences Indian families prioritized Non-Resident Indian (NRI) citizens and couples On par with Indian residents from 2014 Foreigners Immediate Placement list Children passed over by Indian families Includes older, sibling groups, health ailments or disabilities Adoption criteria for prospective parents Physically, mentally, emotionally stable Financially capable No life-threatening medical condition Marital status Single female can adopt male or female child Single male cannot adopt female child Couples must consent, stable marriage of 2 years Maximum number of biological children: Four Age criteria Child up to 4 years: Parents' maximum age 90 years Child 4-8 years: Parents' maximum age 100 years Child 8-18 years: Parents' maximum age 110 years Minimum age difference with child: 25 years Preference in Adoption Hague Convention compliance NRIs, PIOs on par with Indian citizens since 2014 Foreigners outside India adopt from Immediate Placement list Schedule for moving children to inter-country adoption list Below 5 years: After 60 days Above 5 years or sibling: After 30 days Intellectual or physical disability: After 15 days Legal framework for adoption Hindu Adoption and Maintenance Act, 1956 Applies to Hindus, Jains, Sikhs, Buddhists Guardians and Wards Act, 1890 Applies to Muslims, Christians, Jews, Parsis Adoption procedure Register on Child Adoption Resource Information and Guidance System (CARINGS) Home Study Report (HSR) by Specialised Adoption Agency (SSA) Determine suitability of parents Reserve up to six children for adoption Finalize adoption at agency Pre-adoption foster care SSA files petition in court Court issues adoption order Post-adoption follow-up for two years

Central Adoption Resource Authority (CARA)

18/11/2023 / Children, National Organisations / Government Agencies

Categories: Governance, Judiciary/Justice, National Organisations / Government Agencies

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