Supreme Court censures CARA over adoption delays
The Supreme Court of India on Monday strongly criticized the Central Adoption Resource Authority (CARA) for its bureaucratic red tape that prevented a girl from being adopted by her maternal aunt and uncle. The court observed that such procedural hurdles violate the fundamental rights of children and undermine family-based care.
Background of the case
The girl’s mother passed away in July 2024. Following her death, the child was taken in by her maternal aunt and uncle, who sought to formalize the adoption through a registered deed under the Hindu Adoption and Maintenance Act (HAMA). However, CARA raised objections, insisting that the adoption must follow the Juvenile Justice (Care and Protection of Children) Act, 2015, which requires clearance from the adoption agency.
Court’s observations
A bench comprising Chief Justice of India and Justice Sanjay Kishan Kaul remarked that CARA’s insistence on following the JJ Act in a case of relative adoption under HAMA was unwarranted. The court noted that HAMA allows direct adoption by relatives without CARA’s intervention. “CARA cannot create obstacles where the law clearly permits family adoptions. The child’s best interest is paramount, and relatives are the most natural guardians,” the bench stated.
Impact on the child
Due to the delay, the girl remained in limbo for nearly two years, unable to receive the legal protection and stability that adoption provides. The court emphasized that children should not be subjected to bureaucratic delays when a loving family is willing to adopt them. According to the court, the prolonged uncertainty amounted to a violation of the child’s right to family and care under Article 21 of the Constitution.
CARA’s role under scrutiny
The court directed CARA to issue clear guidelines to its officials to avoid such delays in future. It also asked the agency to expedite the adoption process in this case and ensure that the deed is registered without further hindrance. The judgment underscored that CARA’s mandate is to facilitate adoptions, not to block them through rigid interpretations of the law.
Legal framework: HAMA vs JJ Act
Under the Hindu Adoption and Maintenance Act, 1956, relatives such as maternal aunts and uncles can adopt a child without involving CARA. The Juvenile Justice Act, 2015, governs adoptions for abandoned, orphaned, or surrendered children, but it does not override HAMA for relative adoptions. The Supreme Court clarified that both laws can coexist, and CARA should not interfere in relative adoptions under HAMA.
Reactions and next steps
Child rights activists welcomed the judgment, stating that it reaffirms the importance of family-based care. “This ruling protects the rights of children to grow up in a family environment without unnecessary state interference,” said a senior advocate. CARA is expected to comply with the court’s directions and amend its procedures to prevent similar cases. The adoption deed for the girl is now likely to be registered within a week.
