The Delhi High Court has ruled that the right to adopt cannot be raised to the status of a fundamental right within Article 21 of the Constitution of India, nor can it be raised to a level granting.
The Delhi High Court has clarified that the right to adopt cannot be elevated to the status of a fundamental right under Article 21 of the Constitution of India.The court was hearing a series of pleas filed by various Prospective Adoptive .
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.
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
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.