In a significant ruling, the Kerala High Court has emphasized the necessity for prospective adoptive parents to be furnished with comprehensive Child Study Reports (CSR) and Medical Examination Reports (MER) before making decisions regarding adoption. This directive underscores the importance of informed consent in the adoption process, ensuring that adoptive parents have access to all pertinent information about the child.
Legal Framework and Mandate
Justice C.S. Dias, presiding over the case, referred to Section 59(6) of the Juvenile Justice (Care and Protection of Children) Act, 2015, in conjunction with the Adoption Regulations of 2022. These provisions mandate that the CSR and MER of children declared legally free for adoption must be uploaded onto the Child Adoption Resource Information and Guidance System (CARINGS), the official portal of the Central Adoption Resource Authority (CARA). This systematized approach ensures transparency and accessibility for prospective adoptive parents.
Process of Referral and Reservation
According to Regulation 11 of the Adoption Regulations, 2022, prospective adoptive parents are entitled to receive up to three referrals through the CARINGS portal. Each referral includes the child's photograph, CSR, and MER. Upon receiving a referral, parents are allotted a 48-hour window to reserve the child for adoption. If they fail to do so within this timeframe, as stipulated in Regulation 44(2), the child is subsequently referred to the next set of waiting adoptive parents. Furthermore, Regulation 9(3) specifies that if prospective parents do not reserve any child from the three referrals provided, they face a debarment period of one year, after which they may apply for fresh registration.
Case Background
The petitioner and his wife, already parents to a five-year-old adopted son, sought to expand their family by adopting a daughter. They registered on the CARINGS platform and initially received referrals for children from Karnataka and Maharashtra. However, desiring a smoother adoption process, they preferred to adopt a child from Kerala. Upon receiving a third referral, the petitioner encountered an obstacle: the MER of the child was not accessible on the CARINGS platform. After reaching out to the specialized adoption agency where the child resided, the petitioner obtained the MER via email. Upon reviewing both the CSR and MER, the petitioner decided to reserve the child. However, due to the delay in accessing the MER, the 48-hour reservation window had lapsed, leading to complications in the reservation process.
Court's Observations
Justice Dias highlighted the critical importance of prospective adoptive parents having access to the CSR and MER before making a decision. The court noted that since parents are not permitted to meet the child physically during the initial stages, these reports serve as the primary source of information. The court stated, "The afore-quoted provisions make it mandatory that the child study report and medical examination report of a child declared legally free for adoption be uploaded on CARINGS. Prospective adoptive parents can be expected to express their preference only after reviewing the reports, especially when they are not permitted to see the child physically."
Implications of the Ruling
This ruling reinforces the procedural integrity of the adoption process, ensuring that prospective parents are equipped with all necessary information to make informed decisions. It also underscores the responsibility of adoption agencies and authorities to adhere strictly to the regulations set forth, particularly concerning the timely uploading of essential documents on the CARINGS platform. By mandating the provision of CSRs and MERs, the court aims to uphold the rights of both the adoptive parents and the children, fostering a transparent and informed adoption environment.
In conclusion, the Kerala High Court's decision serves as a pivotal reminder of the legal obligations within the adoption framework, emphasizing that informed consent is paramount and must be facilitated through the provision of comprehensive and timely information to prospective adoptive parents.
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