Report No. 153

Central Adoption Resource Agency

5.13. The Supreme Court directed the Government of India to set up a Central Adoption Resource Agency1 (hereinafter to be referred to as 'CARA') with regional branches at a few centres which are active in inter-country adoptions. Such CARA is expected to act as a clearing house of information in regard to children available for inter-country adoption and all applications by foreigners for taking Indian children in adoption can then be forwarded by the social or child welfare agency in the foreign country to CARA and the latter can in its turn forward them to one or the other of the recognised social or child welfare agencies in the country.

1. Supra, pp. 839-840.

5.14. The court laid down conditions1 for recognition of the child welfare agencies are as under:

(a) An agency should have proper staff with professional social work experience.

(b) It is only an organisation which is engaged in the work of child care and welfare which should be regarded eligible for recognition, since the inter-country adoption must be looked upon not as an independent activity by itself, but as part of child welfare programme so that it may not tend to degenerate into trading.

(c) An agency should maintain proper accounts which shall be audited by a chartered accountant at the end of every year.

(d) It should not charge from the foreigner, wishing to adopt a child, any amount in excess of that actually incurred by way of legal or other expenses including such reasonable remuneration or honorarium for the work done and trouble taken in processing, filing and pursuing the application as may be fixed by the Court.

1. L.K. Pandey v. Union of India, (1984) 2 SCR 837-838.

5.15. The duties1 of the recognised agency would be as under:

(a) It must maintain a register of the names and particulars of all children to be given in inter-country adoption.

(b) It must prepare a child study report through a professional social worker so as to enable the foreigner to come to a decision on adoption of the child.

1. Supra, p. 838.

5.16. The government of India with the assistance of the Government of State was directed to prepare a list1 of recognised social or child welfare agencies with their names, addresses and other particulars and send such list to the appropriate department of the Government of such foreign country where Indian children are ordinarily taken in adoption so that the social or child welfare agencies licensed or recognised by the Government of such foreign country for inter-country adoptions, would know which social or child welfare agency in India they should approach for processing an application of its national for taking an Indian child in adoption.

Such list shall also be sent to the Government of India to each High Court with a request to forward it to the district courts within its jurisdiction so that the High Courts and the district courts in the country would know which are the recognised child welfare agencies operating in India in the area of inter-country adoption.

1. Supra, p. 839.

5.17. The Central Government was directed to prepare a list1 of social or child welfare agencies recognised for inter-country adoption by the Government of each foreign country where children from India are taken in adoption, and supply copies thereof to the various High Courts and to the recognised child welfare agencies operating in India in the area of inter-country adoption.

1. Supra, p. 839.

5.18. The Central Government is further required to send the aforesaid list1 to the Indian Embassy or High Commission in the country of the prospective adoptive parents from time to time with a request to keep watch over the welfare and progress of such children in order to safeguard against any possible maltreatment, exploitation or use for ulterior purposes and to immediately report any instance of negligence or exploitation to the Government of India for suitable action.

1. L.K. Pandey v. Union of India, (1984) 2 SCR 848.

5.19. The guidelines laid down by the Supreme Court in its judgment and several orders are comprehensive. The Law Commission is of the opinion that it is desirable to bear in mind these judicial guidelines in codifying law as these are directly relevant for the purpose of the inter-country adoption.