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CARA asks State adoption agencies to strengthen counselling process
CARA asks State adoption agencies to strengthen counselling process

The Hindu

time5 days ago

  • General
  • The Hindu

CARA asks State adoption agencies to strengthen counselling process

The Central Adoption Resource Authority (CARA) has issued comprehensive directions to all State Adoption Resource Agencies (SARAs) to strengthen and institutionalise structured counselling services throughout the adoption process — from pre-adoption, to during adoption, and post-adoption stages. These directions have been issued via a communication dated July 7 under the powers conferred by the Juvenile Justice (Care and Protection of Children) Act, 2015 (as amended in 2021), and are aligned with the provisions laid down under the Adoption Regulations, 2022, an official statement said here on Thursday. CARA is a statutory body of the Ministry of Women and Child Development which acts as the nodal agency for the adoption of Indian children, both within the country and internationally. This latest initiative aims to reinforce the psychosocial support framework for all key stakeholders — prospective adoptive parents (PAPs), adopted children, and biological parents who surrender their child for adoption. Critical component CARA has emphasised that counselling is a critical component of the adoption process and is necessary to ensure emotional preparedness, smooth transition, and long-term well-being of both the children and the families involved. The memorandum reiterates the mandatory nature of structured and need-based counselling services, as prescribed under various provisions of the Adoption Regulations, 2022. The State adoption boards have been instructed to designate or empanel qualified counsellors at the district and State levels. These professionals should ideally have a background in child psychology, mental health, or social work. It has been made mandatory to provide pre-adoption counselling to prospective adoptive parents during the Home Study Report (HSR) process, in accordance with Regulation 10(7). Additionally, older children must receive counselling support both before and during the adoption process, the statement said. It said post-adoption counselling is to be provided in specific situations, such as when an adopted child initiates a root search to trace their origins, in cases of non-adjustment between the child and adoptive family, or in any situation indicating potential disruption or dissolution of the adoption. The directions also include provisions for psychosocial intervention in any other circumstances as assessed by the Specialised Adoption Agencies (SAAs) or District Child Protection Units (DCPUs).

Bombay High Court dismisses Indian couple's plea to adopt American nephew
Bombay High Court dismisses Indian couple's plea to adopt American nephew

India Today

time5 days ago

  • General
  • India Today

Bombay High Court dismisses Indian couple's plea to adopt American nephew

In an unprecedented case where an American child was to be adopted by his uncle and aunt from Pune, the Bombay High Court noted that there is no provision in the Juvenile Justice (JJ) Act or the Adoption Regulations for the adoption of a child of foreign citizenship, even by relatives, unless the child is either 'in need of care and protection' or a 'child in conflict with law.' The court thus dismissed the plea of the childless bench of Justices Revati Mohite Dere and Dr. Neela Gokhale observed that the petitioners argued that in the absence of any specific provision, the court, under its extraordinary jurisdiction, has the power to permit such an adoption and issue directions to the Central Adoption Resource Authority (CARA). However, the court rejected this case involved a couple residing in Pune, both Indian citizens, who sought to adopt a US-born minor who is the biological child of the petitioner-wife's sister. The child was born in America in 2019 but has been living with the couple in Pune. The couple approached CARA to formalise the adoption, but CARA refused to register them on the grounds that the Adoption Regulations do not provide for the adoption of an American citizen. The petitioners, who profess the Muslim faith, do not have a codified personal law governing Shirin Merchant, appearing for the couple, submitted that their additional concern was that US authorities might refuse to renew the child's passport without a valid adoption order, rendering his stay in India potentially petitioners pointed out that the child is now six years old, attends school in India, and is required to travel to the US every year to renew his to do so could result in him becoming an illegal migrant in India. Therefore, considering the child's stability, identity and future prospects, they requested the Court to allow the petition and direct CARA to give its clearance for the CARA stated that while it was sympathetic to the petitioners' predicament, it is bound by the prevailing legal Y S Bhate submitted that while regulations exist for couples from foreign countries adopting Indian children, this was a rare case involving an American child being adopted by Indian citizens, something that has not occurred submitted that neither the JJ Act nor the Adoption Regulations apply to the adoption of a child who is an American further stated that, in such circumstances, CARA cannot give clearance for the adoption unless the child is first adopted in the US under its applicable proposed a solution: the petitioners could adopt the child in the US as per American laws or the child could apply for Indian citizenship through the the surrender of the child by his biological parents, adoption could then be facilitated in India under the JJ Act and prevailing Adoption the couple declined this suggestion, the bench, in its order dismissing the plea, stated: "There is no fundamental right of the petitioners to adopt an American child, who does not fall within the applicability of the JJ Act and the Regulations thereunder, even if he is born to Indian parents. Neither is there any violation of any fundamental right of the child of American nationality to be adopted by an Indian citizen. The predicament of the petitioners can be easily resolved in the manner suggested by CARA."- EndsTune InMust Watch

‘No fundamental right to adopt US citizen':  Bombay High Court dismisses couple's plea to adopt relative's son
‘No fundamental right to adopt US citizen':  Bombay High Court dismisses couple's plea to adopt relative's son

Indian Express

time6 days ago

  • Indian Express

‘No fundamental right to adopt US citizen': Bombay High Court dismisses couple's plea to adopt relative's son

The Bombay High Court Wednesday dismissed a plea by a Pune-based couple that challenged the decision of the Central Adoption Resource Agency (CARA) to deny their request to adopt a six-year-old son who is a United States citizen. His biological parents are related to the petitioner couple. The court said it was 'clear that there was no provision in Juvenile Justice (Care and Protection of Children) Act (JJ Act), 2015 nor the Adoption Regulations providing for adoption of a child of foreign citizenship even between relative, unless the 'child is in need of care and protection' or a 'child is in conflict with law (CCL)''. A bench of Justices Revati Mohite-Dere and Neela K Gokhale in its verdict noted that the plea 'brings to the attention of the Court an unprecedented situation relating to the applicability of the JJ Act and the Adoption Regulations framed under the said Act, to the adoption of a child being a citizen of the USA by relatives of the child's biological parents.' Advocates Shirin Merchant and Stuti Oswal, for the petitioners, sought direction from the CARA to register them as prospective adoptive parents and issue a pre-approval letter to facilitate the adoption of the US national boy, who is the son of the petitioner woman's sister. The petitioner couple stated that as they were unable to bear a child, they desired to adopt the boy. He was born in the US in 2019 and holds a US passport. The petitioner couple, with the intention of adopting him, brought the boy to India when he was a few months old. The CARA rejected their request for adoption on the grounds that the regulations do not permit the facilitation of the adoption of an American citizen. The couple had also approached the Pune district court seeking adoption, which was pending due to the CARA's refusal to approve the adoption. Advocate Merchant claimed before the high court that US authorities were likely to refuse renewal of the boy's passport without a valid adoption order, and his stay in India may become illegal. The plea added that the child is attending school in India and is required to travel to the US every year to renew his visa, failing which he may become an illegal migrant in India; therefore, considering his 'stability, identity and future prospects', the CARA should be directed to give clearance for adoption. The petitioners sought the relaxation of guidelines and the granting of an exception to regulations by the CARA. Moreover, the biological parents of the child, through advocate Yugandhara Khanwilkar, claimed that the present adoption would fall under the ambit of in-country adoption and not inter-country adoption as the petitioners and their biological parents are Indian citizens. Justice Gokhale observed that such private and relative intercountry adoptions were 'incompatible' with the International Hague Convention on Adoption of Children, of which India is a signatory. The high court said such adoptions are not considered authorised adoptions. There is no fundamental right of the petitioners to adopt an American child who does not fall within the applicability of the JJ Act and the regulations, even if he is born to Indian parents, the court noted. 'Neither is there any violation of any fundamental right of the child of American nationality to be adopted by an Indian citizen,' the high court recorded. It added that while the petitioners' difficulty can easily be resolved based on the CARA's suggestion that the child can apply for Indian citizenship and then follow the procedure under the JJ Act, or the petitioners can process the adoption in the US as per the laws applicable in that country. However, the court noted that the petitioners were not inclined to accept the suggestion, and it was inclined to dismiss the petition.

Indian Couple Wanted To Adopt Relative's Son, A US Citizen. What Bombay High Court Said
Indian Couple Wanted To Adopt Relative's Son, A US Citizen. What Bombay High Court Said

NDTV

time6 days ago

  • Politics
  • NDTV

Indian Couple Wanted To Adopt Relative's Son, A US Citizen. What Bombay High Court Said

Mumbai: An Indian does not have the fundamental right to adopt a child of American nationality even from among relatives when the child is neither "in need of care and protection" nor in "conflict with law", the Bombay High Court has said. A division bench of Justices Revati Mohite Dere and Neela Gokhale on Wednesday refused an Indian couple's plea to adopt their relative's son, who is a US citizen by birth. The child in the present case does not fall within the definition of either a 'child in need of care and protection' or a 'child in conflict with law' as per provisions of the Juvenile Justice (Care and Protection of Children) Act and Adoption Regulations, the high court said. "There is no provision in the Juvenile Justice Act nor the Adoption Regulations providing for adoption of a child of foreign citizenship even between relatives unless the 'child is in need of care and protection' or a 'child is in conflict with law'," it stated. The bench also refused to exercise its extraordinary jurisdiction to allow the adoption and said there is no "fundamental right" of the petitioners to adopt an American child. Neither is there any violation of any fundamental right of the child of American nationality to be adopted by an Indian citizen, it added. The couple will have to complete all necessary formalities of adopting the child from the US as per American laws and procedure, only after which they can go ahead with the post-adoption procedure in terms of bringing the foreign child adopted to India, the court said. The couple sought to adopt their relatives' child, who is a citizen of the United States of America by birth. The Central Adoption Resource Agency (CARA) refused to register the couple as prospective adoptive parents as the Adoption Regulations do not facilitate adoption of an American citizen. As per CARA, provisions of the Juvenile Act only permit adoption when the child is in need of care and protection or is a child in conflict with law. The child was born in the US in 2019, but the petitioner couple brought him to India when he was a few months old. The boy has since then been living with them and they were desirous of adopting him. The CARA informed the high court that it cannot give clearance for the adoption without the child first being adopted in the US under laws applicable in that country. The bench dismissed the petition, saying it was not inclined to allow the adoption.

No fundamental right of Indians to adopt US citizen child of relative: HC
No fundamental right of Indians to adopt US citizen child of relative: HC

Business Standard

time6 days ago

  • Politics
  • Business Standard

No fundamental right of Indians to adopt US citizen child of relative: HC

An Indian does not have the fundamental right to adopt a child of American nationality even from among relatives when the child is neither "in need of care and protection" nor in "conflict with law", the Bombay High Court has said. A division bench of Justices Revati Mohite Dere and Neela Gokhale on Wednesday refused an Indian couple's plea to adopt their relative's son, who is a US citizen by birth. The child in the present case does not fall within the definition of either a 'child in need of care and protection' or a 'child in conflict with law' as per provisions of the Juvenile Justice (Care and Protection of Children) Act and Adoption Regulations, the HC said. "There is no provision in the Juvenile Justice Act nor the Adoption Regulations providing for adoption of a child of foreign citizenship even between relatives unless the 'child is in need of care and protection' or a 'child is in conflict with law'," it stated. The bench also refused to exercise its extraordinary jurisdiction to allow the adoption and said there is no "fundamental right" of the petitioners to adopt an American child. Neither is there any violation of any fundamental right of the child of American nationality to be adopted by an Indian citizen, it added. The couple will have to complete all necessary formalities of adopting the child from the US as per American laws and procedure, only after which they can go ahead with the post-adoption procedure in terms of bringing the foreign child adopted to India, the HC said. The couple sought to adopt their relatives' child, who is a citizen of the United States of America by birth. The Central Adoption Resource Agency (CARA) refused to register the couple as prospective adoptive parents as the Adoption Regulations do not facilitate adoption of an American citizen. As per CARA, provisions of the Juvenile Act only permit adoption when the child is in need of care and protection or is a child in conflict with law. The child was born in the US in 2019, but the petitioner couple brought him to India when he was a few months old. The boy has since then been living with them and they were desirous of adopting him. The CARA informed the HC that it cannot give clearance for the adoption without the child first being adopted in the US under laws applicable in that country. The bench dismissed the petition, saying it was not inclined to allow the adoption. (Only the headline and picture of this report may have been reworked by the Business Standard staff; the rest of the content is auto-generated from a syndicated feed.)

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