New Delhi: The right to adopt a child is not a fundamental right under Article 21 of the Constitution, Delhi High Court has said. The court added that prospective adoptive parents do not have any right to choose who to adopt.
Justice Subramonium Prasad upheld a regulation mandating that couples with two or more children can only adopt children with special needs or those hard to place.
“The right to adopt cannot be raised to the status of a fundamental right within Article 21, nor can it be raised to a level granting PAPs the right to demand their choice of who to adopt. The adoption process entirety operates on the premise of welfare of children and, therefore, the rights flowing within the adoption framework does not place the rights of the PAPs at the forefront,” the court said.
The court noted that there is a long queue for adoption and there were many childless couples and parents with one child who would adopt a “normal child” but the chances of a specially abled child being adopted are remote. The regulation, therefore, aims to ensure that more children with special needs get adopted.
“The long wait for prospective parents, including those who are devoid of even one biological child, must be seen in the backdrop of a grave mismatch between the number of normal children available for adoption and the number of PAPs in expectation of adopting a normal child…. A balanced approach, therefore, ought to be welcomed,” it said.
Several parents with two biological children wanted a third child and had petitioned. During pendency of their applications, the Adoption Rules, 2022, superseded the Adoption Regulations, 2017. Now, couples with two or more children can only opt for children with special needs or those hard to place children, unless they are relatives or stepchildren.tnn
Justice Subramonium Prasad upheld a regulation mandating that couples with two or more children can only adopt children with special needs or those hard to place.
“The right to adopt cannot be raised to the status of a fundamental right within Article 21, nor can it be raised to a level granting PAPs the right to demand their choice of who to adopt. The adoption process entirety operates on the premise of welfare of children and, therefore, the rights flowing within the adoption framework does not place the rights of the PAPs at the forefront,” the court said.
The court noted that there is a long queue for adoption and there were many childless couples and parents with one child who would adopt a “normal child” but the chances of a specially abled child being adopted are remote. The regulation, therefore, aims to ensure that more children with special needs get adopted.
“The long wait for prospective parents, including those who are devoid of even one biological child, must be seen in the backdrop of a grave mismatch between the number of normal children available for adoption and the number of PAPs in expectation of adopting a normal child…. A balanced approach, therefore, ought to be welcomed,” it said.
Several parents with two biological children wanted a third child and had petitioned. During pendency of their applications, the Adoption Rules, 2022, superseded the Adoption Regulations, 2017. Now, couples with two or more children can only opt for children with special needs or those hard to place children, unless they are relatives or stepchildren.tnn