The court’s ruling states that adoption is not a fundamental right under Article 21 of the constitution nor do prospective parents have a right to choose the child. Parents with two biological children cannot apply for “normal” children. About 98 per cent of children at home run by the Sisters of Charity have special needs, nun says.
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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.