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This judgement directs that unlike previously, no destitute child shall be presumed to be abandoned and free for placement unless certified so. The placement agencies are now required to make an application to the Juvenile Welfare Board for declaring a destitute child as abandoned and legally free for adoption. The JWB is responsible for investigating into each child’s case and for issuing certificates to placement agencies declaring the child free for adoption within a month’s time. This procedure is not required if the child has been relinquished by the biological parent(s) in which a Deed of Surrender is signed by the surrendering party.

As per the Revised Guidelines, the order of preference for adoption of Indian children is:

  - Indian Family in India.

  - Indian Family abroad.

  - One parent of Indian origin abroad.

  - Totally foreign

The SC also rules against the indiscriminate transfer of children from one state to another unless absolutely essential.

To safeguard the interests of the child, municipal offices have to issue birth certificates under the Registration of Births and Deaths Act (1969) upon certification received by the Court and placement agencies, and the certificate should not mention the word ‘adoption’.

Government intervention is provided for through the following means:

  - 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 recognised agencies.

  - Recognising 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.

  - Organising periodic meetings with the VCAs, adoption agencies and scrutinising 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.