NEW DELHI: The Delhi High Court ruled that the right to adopt a child cannot be raised as a fundamental right under Article 21 of the Constitution and the prospective adoptive parents cannot demand their choice of whom to adopt.
The policy by Central Adoption Resource Authority (CARA) has been brought in to ensure that more children with special needs get adopted, Justice Subramonium Prasad stressed in the order.
The HC was dealing with the adoption body’s decision that all prospective parents with two children, regardless of their date of registration, will not be eligible to adopt a normal child in terms of the Adoption Regulations, 2022 and can only opt for adoption of a child with special needs.
“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,” Justice Prasad said.
Debate on ‘right’ to adopt
The HC was dealing with the adoption body’s decision that all prospective parents with two children will not be eligible to adopt a normal child in terms of 2022 regulations and can only opt for a child with special needs. “The right to adopt cannot be raised to the status of a fundamental right… nor can prospective adoptive parents enjoy the right to demand choice of whom to adopt,” the HC said.