Right to adopt child cannot be raised to status of fundamental right: Delhi 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 the welfare of children and the rights of prospective adoptive parents (PAPs) cannot be put at the forefront.

The judge noted that there is a long wait for adoption and there are 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 and the regulation therefore only aims to ensure that more and more children with special needs get adopted.

The court’s decision came on a batch of petitions by several PAPs with two biological children who applied for adoption of a third child as per the Juvenile Justice (Care and Protection of Children) Act, 2015.

During the pendency of their application, the Adoption Rules, 2022 superseded the Adoption Regulations, 2017 and instead of three or more children, now couples with two or more children could only opt for adoption of children with special needs or those hard to place children unless they are relatives or step-children.

Hard to place children are those that are not likely to be adopted because of physical or mental disability, emotional disturbance, recognised high risk of physical or mental disease, age, racial or ethnic factors etc.