Right to adopt child not fundamental right: HC

New Delhi: The right to adopt a child cannot be raised to the status of a fundamental right under Article 21 of the Constitution and the prospective adoptive parents do not have any right to choose who to adopt, the Delhi High Court has said.

Justice Subramonium Prasad upheld the retrospective application of a regulation permitting couples with two or more children to only adopt children with special needs or those hard to place, adding that the process operates for welfare of children and rights of prospective adoptive parents cannot be put at forefront. “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 in entirety operates on the premise of welfare of children and therefore the rights flowing within adoption framework does not place the rights of PAPs at the forefront,” said the court.