Code: Section 68 JJ Act
The Central Adoption Resource Agency existing before the commencement of this Act shall be deemed to have been constituted as the Central Adoption Resource Authority under this Act to perform the following functions, namely:
(a) to promote in-country adoptions and to facilitate inter-State adoptions in coordination with State Agency;
(b) to regulate inter-country adoptions;
(c) to frame regulations on adoption and related matters from time to time as may be necessary;
(d) to carry out the functions of the Central Authority under the Hague Convention on Protection of Children and Cooperation in respect of Inter-country Adoption;
(e) any other function as may be prescribed.
Explanation of Section 68 JJ Act
Section 68 establishes the legal status of the Central Adoption Resource Authority (CARA) under the Juvenile Justice Act. CARA is the national regulatory body responsible for overseeing adoption procedures in India. It was earlier known as the Central Adoption Resource Agency.
Key Functions of CARA:
- It promotes and facilitates in-country (domestic) adoptions across states in collaboration with State Adoption Resource Agencies (SARAs).
- It regulates all inter-country adoptions in compliance with national laws and international treaties.
- It has the power to issue and update adoption regulations as needed.
- CARA also functions as the designated Central Authority under the Hague Convention on Inter-country Adoption.
- Additional responsibilities can be assigned by the Central Government through rules and regulations.
Through these provisions, Section 68 ensures that CARA operates as a legally empowered authority to streamline and regulate adoptions both within and outside India.
Illustration
Example 1: Inter-State Adoption
A couple from Tamil Nadu seeks to adopt a child from an orphanage in Maharashtra. CARA facilitates this inter-state adoption through coordination between the SARAs of both states and ensures compliance with all legal procedures.
Example 2: Inter-Country Adoption
An Indian child is adopted by Non-Resident Indian (NRI) parents living in the U.S. CARA oversees the process, ensuring it adheres to both Indian adoption laws and the Hague Convention’s safeguards.
Common Questions and Answers on Section 68 JJ Act
- What is CARA’s full form?
CARA stands for Central Adoption Resource Authority. - Is CARA a new organization under the JJ Act?
No. The previously existing Central Adoption Resource Agency is deemed to be reconstituted as CARA under this Act. - What is CARA’s role in inter-country adoption?
CARA regulates and monitors inter-country adoptions and ensures they comply with both Indian law and the Hague Convention. - Can CARA make adoption rules?
Yes. CARA is empowered to frame and update adoption regulations as necessary. - Where can I find CARA’s regulations?
The most recent adoption rules can be found in the Adoption Regulations, 2017, available on the official CARA or Ministry of Women and Child Development websites.
Conclusion
Section 68 formally empowers CARA as the central authority for adoptions in India. It plays a vital role in promoting ethical, legal, and transparent adoption practices, both domestically and internationally. CARA’s regulatory oversight ensures that the best interests of the child are always prioritized.
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