SC Judgment
Supreme Court Judgment (SCJ), 1984
- Directs that no destitute child shall be presumed to be abandoned and free for placement unless certified so.
- Rules against the indiscriminate transfer of children from one state to another unless absolutely essential.
- Directs municipal offices to issue birth certificates to an adopted child under the Registration of Births and Deaths Act (1969), upon certification received by the Court and placement agencies. Also, directs that the certificate should not mention the word ‘adoption’.
- Provides for Government intervention through:
- Establishing an Adoption Cell in the Ministry of Welfare to handle all related matters.
- Awarding recognition certificates to agencies in India and abroad for handling inter-country adoptions.
- Formulating and circulating guidelines to regulate procedures for adoption.
- Directing the Indian embassies abroad to keep track of Indian children adopted in different countries.
- Setting a Central Adoption Resource Agency (CARA) to monitor and regulate the working of recognized agencies.
- Recognizing the role of Voluntary Co-ordination Agencies (VCAs) in facilitating co-ordination among Indian placement agencies to promote domestic adoptions, and recommending their setting-up in each state.
- Organizing periodic meetings with the VCAs, adoption agencies and scrutinizing agencies for discussing relevant matters.
- Giving support to some VCAs through their grant-in-aid scheme to promote in-country adoptions.
- Offering incentives to voluntary agencies doing in-country adoptions over the stipulated percentages prescribed in the guidelines.
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