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 scrutinizing an application from prospective adoptive parents for adoption of a child. The agency must be a body of experts in the field of ChildCare and Welfare, not itself involved in any manner in the placement of children in adoption. At present there are two scrutinizing 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 scrutinizing 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 scrutinizing agency. The procedure to be adopted for recognition of an agency as scrutinizing 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 scrutinizing agency.

(ii) The agency should fulfil all the criteria laid down by CARA for recognition as scrutinizing agency.

(iii) CARA may seek such information as may be necessary from the scrutinizing agency regarding its bona fides and performance on the basis of such report issue a recognition certificate.

(iv) A scrutinizing agency would be recognized 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 childcare 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 recognized scrutinizing agency should apply for renewal of recognition, 6 months prior to the date of expiry of the previous recognition. If the performance of the scrutinizing 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 scrutinizing agency may be de-recognized by CARA at any time following reports of malpractice from and State Government or any Court, after giving the agency an opportunity to place its case before CARA.