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.
Supreme Court sought response from the Centre on a plea challenging Constitutional validity of a provision of Maternity Benefit Act, 1961 which states a woman would be eligible for maternity leave who legally adopts a child below the age of 3 months.