Login With Google
Couples in live-in relations cannot adopt, says CARA
Why it is in news?
- The nodal body for adoption in the country has barred partners in live-in relationships from adopting a child on the ground that cohabitation without marriage is not considered a stable family in India.
- The Central Adoption Resource Authority (CARA) permits a single woman to adopt a child of any gender, while single men can adopt only boys.
- In case an applicant is married, both spouses must give their consent for adoption and should be in a stable marriage for at least two years.
- Candidates must be physically fit, financially sound, mentally alert and highly motivated to adopt a child, as per the Adoption Regulations 2017.
Central Adoption Resource Authority
(CARA)
- Central Adoption Resource Authority (CARA) is a statutory body of Ministry of Women & Child Development, Government of India.
- It functions as the nodal body for adoption of Indian children and is mandated to monitor and regulate in-country and inter-country adoptions.
- CARA is designated as the Central Authority to deal with inter-country adoptions in accordance with the provisions of the Hague Convention on Inter-country Adoption, 1993, ratified by Government of India in 2003.
- CARA primarily deals with adoption of orphan, abandoned and surrendered children through its associated /recognised adoption agencies.
- It has been decided that the cases of single PAP (prospective adopting parent) in a live-in relationship with a partner will not be considered eligible to adopt a child and their registration through the AFAAs (authorised foreign adoption agencies) will not be considered for approval.
- The rationale behind the decision is that in India, a live-in relationship is not considered a stable family and the best interest of the child is to be ensured.
- But there is no rule yet if a single parent decides to enter into a live-in relationship after adopting a child.
- The Supreme Court has on several occasions said that a live-in relationship is neither a crime or a sin.
- In the month of May, the Supreme Court had said that adult couples have the right to live together even if they were not married.
- It said that even the legislature recognised live-in relationships through the provisions under the Protection of Women from Domestic Violence Act, 2005.
Domestic violence act
- The Protection of Women from Domestic Violence Act 2005 is an Act of the Parliament of India enacted to protect women from domestic violence.
- The Act provides for the first time in Indian law a definition of domestic violence, with this definition being broad and including not only physical violence, but also other forms of violence such as emotional/verbal, sexual, and economic abuse.
- It is a civil law meant primarily for protection orders and not meant to penalize criminally.
- The act does not extend to Jammu and Kashmir.
- Under the Act, women in a live-in relationship have been accorded protection as it allows females living with a male person in a relationship in the nature of marriage to file a complaint of domestic violence.
Source
The Hindu