10.1 Violation of Guidelines

If it comes to the notice of any State Government or any of India’s Diplomatic Missions abroad or CARA or any other source that a RIPA or EFAA is not observing all or any of the provisions of these guidelines or is otherwise functioning in a manner which is not in the interest of children CARA may, at its discretion suspend or withdraw recognition of such enlisted agency or placement agency and/or take any other such action as may be deemed necessary.
10.2 Apprehensions have been expressed that unscrupulous elements arrange illegal transfer of babies to adoptive parents at the time of their birth in some hospitals, nursing homes, maternity homes in the country. Such transfer of babies taking place without observing the appropriate norms and procedure is illegal and thus it is not at all in the interest of the child. If any such complaints are brought to the notice of CARA, it shall advise the State Government to cause an enquiry to be made and take up the matter with the appropriate authorities of the Central or State Government including the Medical Council of India.

10.3 Cases deserving relaxations

In the light of obligations as a result of ratification of the Hague Convention on Inter-country Adoption-1993 and in the best interest of Indian children, CARA and the Ministry of Social Justice & Empowerment, Govt. of India shall take all appropriate measures from time to time. In all cases of clearances for inter-country adoptions, recognitions, enlistments and renewals of all concerned agencies, decisions will be taken at the discretion of CARA and in such cases where CARA feels that a particular provision needs to be relaxed, it may do so by recording on file the reasons as to how the best interest of the child is being served by such relaxation.

10.4 Amendments to Guidelines

The Ministry of Social Justice and Empowerment, Government of India, reserves to itself the power, at its discretion to make such amendments, additions, deletions or alterations in these guidelines as are deemed necessary from time to time.


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