18/08/2015 1 Guidelines draw support from- (a) Juvenile Justice - PowerPoint PPT Presentation

Central ntral Ad Adoption ption Resou ourc rce Au Autho hority rity Ministry nistry of Women en and Chil hild d Deve velopmen lopment t 18/08/2015 1

Guidelines draw support from- (a) Juvenile Justice (Care and Protection of Children) Act, 2000 & Rules framed there under; Hon’ble Supreme Court Judgements in the case of (b) L. K. Pandey vs. Union of India in WP (Crl.) No. 1171 of 1982 and in the case of Stephanie Joan Becker vs. State and Anr. (d) UN Convention on the Rights of the Child, 1989; (e) The Hague Convention on Protection of Children and Cooperation in respect of Inter-country Adoption, 1993. 2

 “Adoption” is the process which provides adopted child all the rights, privileges and responsibilities that are attached to a biological child  Legal Adoption of orphan, abandoned and surrendered children is under Chapter IV of the JJ Act, 2000 [Section 41(3)] 3

The processes followed for adoption under JJ Act are as per Adoption Guidelines notified by Government of India on 17.7.2015, which has come into effect from 1 st August 2015. Guidelines 2015 has replaced Guidelines 2011 4

For greater transparency and clarity 1. Simplify adoption procedure for in/inter country 2. and inter-state adoptions Minimize delays in adoption process with fixed 3. timelines Expand adoption base by setting up linkages 4. between SAA and CCI to reach all adoptable children 5

5. Enable PAPs to take informed decisions 6. Introduce e-governance in adoption system 7. Revise age criteria 8. Streamline inter-country adoption and exclude ARC Clearance 6

New Guidelines contains 6 Chapters and 15 Schedules  Chapter I : Definitions and eligibility criteria  Chapter II : Procedure relating to children for adoption  Chapter III : Adoption procedure for Resident Indians  Chapter IV : Adoption procedure for NRI, OCI and foreign PAPs  Chapter V : Role of agencies and authorities concerned  Chapter VI : Miscellaneous provisions 7

 Schedule 1- Certificate of CWC Declaring Child Legally Free for Adoption  Schedule 2- Child Study Report (CSR)  Schedule 3- Medical Examination Report of Child (MER)  Schedule 4- Deed of Surrender  Schedule 5- Online Registration Form and List of Documents to be Uploaded  Schedule 6- Format of Home Study Report (HSR) for PAPs in India  Schedule 7- Pre-Adoption Foster Care Undertaking (Affidavit) 8

 Schedule 8- List of Documents to be Filed along with Adoption petition in the Court  Schedule 9- No Objection Certificate from CARA  Schedule 10- Conformity Certificate from CARA  Schedule 11- Post- Placement Report of Child  Schedule 12- Minimum Standards of Child Care in SAAs  Schedule 13- Adoption Expenses  Schedule 14- Timelines for Concerned Authorities and Agencies  Schedule 15- Format for Quarterly Adoption Data for SAAs 9

 Central Adoption Resource Authority(CARA) www.cara.nic.in  States & UTs: 36  State Adoption Resource Agencies(SARA): 30  Child Welfare Committees(CWC): 600 Approx.  District Child Protection Units(DCPU): 600 Approx.  Specialised Adoption Agencies(SAA): 411  Foreign Agencies/Central Authorities: 80+74=154  Courts (District Court, Family Court and City Civil Court) 10

 Parents register online on CARINGS (www.cara.nic.in)  Select preferred Adoption Agency for HSR (Home Study Report) and State  User ID and Password generated  Upload documents within 30 days of registration  Registration number generated  Specialised Adoption Agency (SAA) conducts Home Study Report (HSR) of the PAPs and uploads it on CARINGS within 30 days from the date of submission of required documents on CARINGS 11

 Suitability of PAPs is determined (if not not found suitable, PAPs informed with reasons for rejection)  PAPs reserve one child, as per their preference from upto 6 children  PAPs visit the adoption agency within 15 days from the date of reservation and finalize  If the child is not finalized within stipulated time, the PAPs come down in the seniority list 12

 On acceptance of the child by the PAPs, SAA completes the referral and adoption process (on CARINGS)  PAPs take the child in pre-adoption foster care and SAA files petition in the court  Adoption Court order issued  Post-adoption follow-up report is conducted for a period of two years . 13

Children would move automatically from in-country adoption to inter-country adoption by CARINGS following time schedule as below: ◦ after 60 days, if the child is below 5 years of age; ◦ after 30 days, if the child is above 5 years of age or is a sibling; ◦ after 15 days, if the child has any intellectual or physical disability. 14

 PAPs residing in foreign country to contact the nearest AFAA or CA for registration to adopt a child from India  Foreign citizens residing in India, have to register online on CARINGS  HSR and documents are uploaded online on CARINGS by Authorised Foreign Adoption Agency(AFAA)/Central Authority(CA) 15

 HSR approved by CARA  AFAA reserves one child out of 2 children as per preference of PAPs within 96 hours  If the child is not finalized within 30 days, PAPs would loose seniority  SAA completes the referral and adoption process ( on CARINGS)  Original dossier sent by AFAA/CA to SAA for submission to competent court  Permission from receiving country under Art 5/17  NOC issued by CARA 16

 Court Order issued by competent Court  Conformity Certificate issued by CARA  Departure of child to the receiving country  Citizenship to the adopted child is granted by the concerned Authority/Department in the country of the nationality of PAPs  Post-adoption follow-up is conducted for a period of two years by the receiving country 17

 No of children legally free for adoption:  No of Normal children:  No of special needs children:  No of PAPs waiting(In-country):  No of PAPs waiting(inter-country): 18

 Registering all CCIs in the States under the JJ Act u/s 34(3)  Recognising one SAA in each district  Setting up linkage of SAA with CCIs in the district and monitoring by SCPU  Ensuring DCPUs to register on CARINGS  Ensuring linkage of all adoptable children residing in CCIs to SAA 19

 Strengthening of SARA to liason with CARA on day to day basis.  Capacity building of SAA/CWC/DCPU on New Adoption Guidelines and CARINGS  Launching multi-media campaign to promote legal adoption  Taking effective action against defaulting adoption agencies, unregistered CCIs and illegal adoptions 20

6(2) SAA to produce an abandoned child before Within 24 hours (excluding the CWC along with a report containing his journey period). photograph and particulars. 6(4) SAA to enter the details of the child along Within 72 hours from the & with his photograph online in the CARINGS. time of receiving the child. 7(2) DCPU to advertise the particulars and Within 72 hours from the 6(5) photograph of an abandoned child in a state time of receiving the child. level newspaper having wide circulation and local cable networks, wherever existing. 6(9) DCPU to submit a report to the CWC on the Within 30 days from the efforts made by it for tracing out the date of the order of the biological parents/legal guardian of an CWC for the same. abandoned child, including the outcome of the particulars and photograph of the child in the newspapers. 6(10) SAA to submit a report to the CWC regarding Within 30 days from the the efforts made by it to trace the biological date the child is received parent(s) or legal guardian of the abandoned for interim care by the child. order of CWC. 21

6(14) SAA to upload the Child Study Report Within ten days from the date & (CSR) and Medical Examination Report of declaration of the child as 7(16) (MER) along with latest photograph of legally free for adoption by the child. CWC. 8(1)(a) A normal child up to 05 years of age to For 60 days from the date the child is declared legally free for be available for adoption by a Resident adoption by the CWC. Indian (RI) and NRI PAPs. 30 days from the date the child 8(1)(b) An older child above 5 years of age and is declared legally free for siblings to be available for inter-country adoption by the CWC. adoption. 15 days from the date the child 8(1)(c) A mentally and physically challenged is declared legally free for child to be available for inter-country adoption by the CWC. adoption. SAA to upload the Child Study Report Within ten days from the date 6(14) & (CSR) and Medical Examination Report of declaration of the child as 7(16) (MER) along with latest photograph of legally free for adoption by 22 the child. CWC.

9(4 & Home Study Report (HSR) Within 30 days from the date 5) 5) of the PAPs to be completed of submission of required by the social worker authorized documents in CARINGS. by SAA or SARA PAPs to reserve one child Within 48 hours from the date 10(3) shown as per their preference and time of referral. on CARINGS. Selection of a child by PAPs Within 15 days from the date 10(6) of reserving the child. SAA to file adoption petition in Within seven days from the 12(1) the Court date of acceptance of the child by the PAPs. 23