Government Tightens Adoption Framework, Orders Strict Protection of Child Records and Identity

The new directions are aligned with the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 and the Adoption Regulations, 2022, which govern the legal adoption process in the country.

CARA emphasised that adoption under the law is intended to provide a family environment for children who are orphaned, abandoned, or voluntarily surrendered. In its first directive, the authority reiterated that no child can be declared legally free for adoption until all statutory procedures are completed. These include conducting inquiries, making efforts to trace biological parents, and attempting restoration wherever possible.

For children who are voluntarily surrendered, authorities must also follow the mandatory two-month reconsideration period given to biological parents before the child can be declared eligible for adoption.

In a separate communication, CARA addressed concerns regarding the preservation and management of records related to adopted children. The authority noted that adult adoptees sometimes face challenges while trying to trace their origins through the root search process under adoption regulations.

States and Union Territories have therefore been instructed to ensure that all records—both physical and digital—are safely maintained and transferred to the appropriate authority if adoption agencies or child care institutions shut down, merge, or undergo administrative changes. CARA has stressed that such records must not be destroyed or made inaccessible, as they are essential for future reference.

The third directive focuses on protecting children’s privacy. CARA has instructed states to strictly enforce provisions that prohibit revealing the identity of children who are in conflict with the law or in need of care and protection.

Authorities have been asked to ensure that no photographs, videos, or identifying details of children residing in Specialised Adoption Agencies or Child Care Institutions are shared in any form, including on social media platforms.

States have also been advised to take appropriate action against violations and conduct awareness programmes for officials and staff regarding confidentiality norms and the legal consequences of breaching them.

Through these measures, CARA aims to strengthen transparency and accountability in the adoption framework while safeguarding the dignity, rights, and privacy of children and adoptees across the country.