| Scrutinising Agency | Procedure for Recognition | Criteria for Recognition | Renewal of Recognition |
| Saving Clause | Function of Scrutinising Agency | Scrutinising Charges |
8.1
It is open to the Court looking into the matter of appointment of guardian under
the Guardians and Wards Act, 1890 in exercise of its powers under Section 11 to appoint
any independent, reputed Social or Child Welfare Agency, as a Scrutiny Agency for
scrutinising an application from prospective adoptive parents for adoption of a child. The agency must be a body of experts in the field
of Child Care and Welfare, not itself involved in any manner in the placement of children
in adoption. At present there are two
scrutinising agencies, namely, Indian Council for Social Welfare and Indian Council of
Child Welfare being appointed by the Court. The
Court may be requested to appoint any other eligible child or social welfare agency as
scrutinising agency which preferably meets the eligibility criteria as laid down by CARA.
8.2
CARA shall maintain a panel of agencies which according to it can satisfactorily
perform the functions of a scrutinising agency. The
procedure to be adopted for recognition of an agency as scrutinising agency other than
Indian Council for Child Welfare (ICCW) and Indian Council of Social Welfare (ICSW) will
be as follows:-
(i)
the agency
should apply to CARA for recognition as a scrutinising agency.
(ii) The agency should fulfil all the
criteria laid down by CARA for recognition as scrutinising agency.
(iii) CARA may seek such information as may
be necessary from the scrutinising agency regarding its bona fides and performance on the
basis of such report issue a recognition certificate.
(iv) A
scrutinising agency would he recognised initially for a period of three years, renewable
as per the procedure given in these guidelines.
8.3
(i) The agency should be an
independent, reputed social child welfare agency.
(ii)
The agency must be a body of experts in the field of child care and welfare
(iii)
The agency should not be involved in the placement of children in adoption.
(iv)
It should be a society registered under the Societies Registration Act, 1860.
(v)
All the office bearers should be Indian nationals.
(vi)
The agency should run on a non-commercial and non-profitable basis.
8.3 (a)
Every recognised scrutinising agency should apply for renewal of recognition, 6
months prior to the date of expiry of the previous recognition. If the performance of the scrutinising agency has
been found satisfactory and there are no adverse reports from any court or the State
Government concerned and also if any reports or returns asked for by CARA are submitted by
it regularly without delay, recognition may be renewed from time to time but each time
only for a period of 3 years.
8.4
Any scrutinising agency may be de-recognised by CARA at any time following reports
of malpractices from and State Government or any Court, after giving the agency an
opportunity to place its case before CARA.
Functioning of
Scrutinising Agency
8.5 It shall be incumbent upon every
scrutinising agency to perform the following functions:-
(1)
To scrutinise the following documents:
(i) Application for
guardianship/adoption made on behalf of the prospective adoptive foreign parents.
(ii) Home Study Report.
(iii) Child Study Report.
(iv) Any other documents/certificates
attached with the application.
(2)
To ensure that the application or copy of the application, as the case may be, has
been duly forwarded by a foreign agency to CARA.
(3)
To ensure that before a child is placed in guardianship with a foreign adoptive
parents, a no objection certificate has been obtained from the concerned VCA.
(4)
To satisfy itself that the child in question is legally free for adoption.
(5)
To see the child in person and to check that the information given to prospective
adoptive parents regarding the child is correct. In
case of any change in the medical/physical status of the child, the scrutinising agency
should ensure that the information of the change is given to the prospective adoptive
parents and their consent obtained before a final order is passed by the court concerned.
(6)
To satisfy itself that the prospective adoptive parents/ guardians are fit persons
for adopting the child in question.
(7)
To ensure that the adoption would be in the best interest of the child.
(8)
To assist the court in ascertaining whether the child has been voluntarily
surrendered by the biological parents/parent.
(9)
To ensure and satisfy itself that no one, including Indian as well as foreign
agencies concerned are making any profit out of the adoption in question.
(10)
To verify, in case of older children, the child's own views regarding the adoption. This may be reported to CARA immediately.
(11)
To ascertain, as far as possible, as to what are the laws regarding adoption of
foreign children in the country of the prospective adoptive parents and there is a
reasonable assurance that the child would be adopted within the minimum possible period
but in any case within a period not exceeding two years.
(12)
To ensure that all the precautionary measures are taken before the handicapped,
sibling, older age and other special needs children are placed to a family who are really
interested in such children.
8.6
The scrutinising agency will submit the report to CARA once every six months of all
the cases it has scrutinised.
8.7
In case of any difference between scrutiny agency and placement agency in regard to
placing of a child or matching of the child with the prospective adoptive parents or any
other related issues, the scrutiny agency may refer it to CARA for consideration. The decision of CARA on such cases shall be final.
8.8
Whenever an Indian parent makes an application for appointing himself or herself as
guardians of a child or a Hindu parent applies for permission to adopt a child and, if the
case is referred to it by the court, the scrutinising agency may charge such amount of
expenses upto Rs. 150 as directed by the court unless a higher amount is awarded by the
court.
When a foreign agency
makes an application for guardianship, the scrutinising agency may charge from the Indian
agency an amount as directed by the Court varying between Rs. 450 and Rs. 500, for actual
expenditure incurred and the concerned Indian agency shall have the right to recover such
amount from the foreign parents whose application for guardianship it has processed. This amount may exceed Rs. 500 if the court
concerned specifically orders the actual incremental amount to be paid for the specific
work done.