Right to adopt children is not a fundamental right, the Delhi High Court recently said while upholding the changes made to Adoption Rules issued under the Juvenile Justice (Care and Protection of Children) Act of 2015.
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.
The Calcutta High Court has recently held that the right to privacy of a biological parent, especially an unwed mother who gave up her child for adoption and subsequently went untraceable, would.