Delhi High Court has ruled that the right to adopt a child cannot be considered a fundamental right under Article 21 of the Constitution.
Key Highlights of the ruling:
- The High Court (HC) ruled that the right to adopt children cannot be elevated to a level that allows Prospective Adoptive Parents (PAPs) to demand their choice of child for adoption.
- Consequently, the court upheld Regulation 5 (7) of the Adoption Regulations 2022.
- This specific regulation mandates that couples with two or more biological children will be considered for the adoption of special needs children or hard-to-place children, applying this rule retrospectively.
Regulations on Adopting Special Needs and Hard-to-Place Children:
- Special needs children are defined as those who are suffering from any disability, as outlined in the Rights of Persons With Disabilities Act, 2016.
- This inclusion ensures that children who may require more attention and care are given a chance to find a home that can cater to their specific needs.
- Hard-to-place children refer to those who have not been successfully placed in adoption after undergoing the prescribed procedure.
- This category helps to highlight the children who have been waiting longer for adoption, aiming to improve their chances of finding a loving home.
Adoption Eligibility and Criteria:
- Regulation 5 (2) of Adoption Regulations 2022 outlines the criteria for other Prospective Adoptive Parents (PAPs), regardless of their marital status and whether they have biological children.
- This regulation is inclusive, providing opportunities for a wider range of individuals and couples to adopt, with specific conditions to ensure the child’s welfare:
- Married couples are required to have the consent of both spouses, underlining the importance of mutual agreement in the decision to adopt.
- Single females are allowed to adopt a child of any gender, promoting gender equality and the empowerment of women in the adoption process.
- Single males are restricted from adopting girl children, a precautionary measure to safeguard the well-being of the adoptive children.
- The Adoption Regulations 2022 are issued under the Juvenile Justice (Care and Protection of Children) Act, commonly known as the JJ Act of 2015.
- This act provides the legal framework for the care, protection, and social reintegration of children in need, including those available for adoption.
About JJ Act 2015 (Amended in 2021):
- The JJ Act of 2015 is a non-denominational legislation overseeing the adoption process for orphaned, abandoned, or surrendered children.
- In India, adoption is also regulated by the Hindu Adoption Maintenance Act of 1956 (HAMA).
- The Central Adoption Resource Authority (CARA) was instituted under the Ministry of Women & Child Development to oversee and regulate both domestic and international adoptions of Indian children.
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