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Section 68: Central Adoption Resource Authority

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

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Act 2015
Section 67 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 69

Legal Commentary & Landmark Judgments: Section 68

Section 68 of the Act establishes the Central Adoption Resource Authority (CARA) as a statutory body corporate under the Ministry of Women and Child Development, vesting it with exclusive national authority to regulate domestic and inter-country adoptions.

  • Statutory Body Corporate Status for CARA: Endows CARA with autonomous legal status, perpetual succession, common seal, and authority to hold property and litigate in its own name.
  • Central Authority for Hague Convention: Designates CARA as the official Central Authority of India for the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, 1993.
  • Plenary National Policy & Regulatory Competence: Vests CARA with exclusive authority to frame adoption regulations, set fees, license foreign agencies, and issue No-Objection Certificates (NOCs).
Key Landmark Precedents:
  • Shabnam Hashmi v. Union of India (2014) 4 SCC 1: Supreme Court held that CARA is the supreme central authority governing adoptions in India, operating as a vital institutional guarantee of child protection and ethical adoption practices.
  • Lakshmi Kant Pandey v. Union of India (1984) 2 SCC 244: Affirmed the essential regulatory necessity of a centralized national body to monitor and supervise inter-country adoptions.
  • In Re: Exploitation of Children in Orphanages (2017) 7 SCC 578: Affirmed CARA's statutory supremacy over all adoption agencies across India.
Courtroom Practice & Strategic Litigation Guidance:

All adoption petitions, foreign adoption approvals, and agency accreditations must strictly conform to CARA Regulations framed under Section 68; any adoption executed outside the CARA framework is void and punishable under Section 80.

Section 67 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 69