The Ministry of Women and Child Development had issued the Model Guidelines for Foster Care, 2015 to be adopted/adapted by the States/UTs as per their requirement.
Central Adoption Resource Authority (CARA) has reported that the indulgence of adoption placement agencies in malpractices in offering children for adoption to foreign couples without the permission of their biological parent (s) or guardian is a remote possibility for the following reasons:
(i) No child can be placed in adoption without being declared legally free for adoption by the Child Welfare Committee (CWC) concerned. A surrendered child is declared legally free for adoption after the expressed consent of the biological parent(s) or guardian in the form of surrender deed and an abandoned child is declared legally free for adoption by the Child Welfare Committee (CWC) after its inquiry, only when it is established that the legal claimant (biological parents or guardian) are not traceable.
(ii) Moreover, no child can be placed in adoption with a foreign couple by an adoption placement agency in India without obtaining No Objection Certificate (NOC) from CARA, adoption order from Court concerned, passport for the child from the Regional Passport Office and exit permit from the Foreigners’ Regional Registration Office (FRRO). There are stringent checks prior to issuing each of these documents.
(iii) The provisions of the Juvenile Justice (Care & Protection of Children) Act, 2015 under the Sections 56(5), 65(4), 80 and 81 is a deterrent to adoption placement agencies and prevents them in indulging in such malpractices.