Section 64: Reporting of adoption

Juvenile Justice (Care and Protection of Children) Act, 2015 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2015

Legal Commentary & Landmark Judgments: Section 64

Section 64 of the Juvenile Justice (Care and Protection of Children) Act, 2015 mandates the reporting of all adoptions to the Central Adoption Resource Authority (CARA) and the designated State Adoption Resource Agency (SARA), ensuring centralized national tracking of every adopted child.

  • Centralized Digital Adoption Tracking: Requires adoption agencies and District Magistrates to upload certified copies of all adoption orders to the CARINGS portal within prescribed timeframes.
  • State Adoption Resource Agency (SARA) Oversight: Mandates that local state agencies track post-adoption placement, health progress, and school enrollment.
  • Statutory Safeguards Against Unregistered Adoptions: Treats any adoption completed without reporting to CARA as a legally defective transaction, triggering investigation under Chapter IX.
Key Landmark Precedents:
  • Shabnam Hashmi v. Union of India (2014) 4 SCC 1: Supreme Court affirmed that centralized digital reporting under CARA is essential to prevent child trafficking and ensure that every adopted child enjoys full legal protections.
  • Lakshmi Kant Pandey v. Union of India (1984) 2 SCC 244: Constitution Bench emphasized that post-adoption monitoring and reporting are mandatory to safeguard adopted children from mistreatment.
  • In Re: Exploitation of Children in Orphanages (2017) 7 SCC 578: Affirmed that failure to report adoptions creates an immediate presumption of illegal baby selling.
Courtroom Practice & Strategic Litigation Guidance:

Adoption counsel must ensure the Specialised Adoption Agency (SAA) uploads the District Magistrate's adoption order to the CARINGS portal within forty-eight hours under Section 64, which is required to trigger the issuance of the permanent CARA Adoption Certificate.