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Synopsis

In a recent verdict, the Delhi High Court upheld alterations to Adoption Rules under the Juvenile Justice (Care and Protection of Children) Act, 2015, clarifying that the right to adopt children is not a fundamental right.

The bench of Justice Subramonium Prasad ruled on a case concerning regulations barring parents with two children from adopting a ‘normal child.’

The court endorsed the Steering Committee of the Central Adoption Resource Authority's (CARA) decision to apply the new policy even to pending adoption applications, aiming to prioritize children with special needs for adoption.

Emphasizing a balanced approach to address the disparity between available adoptable children and prospective adoptive parents (PAPs), Justice Prasad stated, "A balanced approach therefore ought to be welcomed which attempts to reduce the wait for parents with a single child or devoid of even that, in anticipation of adoption and the interests of the child while being matched with a family with lesser number of already existing biological children."

Justice Prasad clarified that the right to adopt does not rise to the level of a fundamental right under Article 21 of the Constitution, nor does it grant PAPs the authority to demand their choice of adoptee. The Adoption Regulations 2022 were deemed procedural and retroactive, not retrospective.

“It is settled that the right to adopt cannot be raised to the status of a fundamental right within Article 21 nor can it be raised to a level granting PAPs the right to demand their choice of who to adopt. The adoption process in entirety operates on the premise of welfare of children and therefore the rights flowing within the adoption framework does not place the rights of the PAPs at the forefront,” the court observed.

The court addressed petitions from prospective parents seeking to adopt a third child despite having two biological children.

The petitioners challenged the retrospective application of the Adoption Rules, 2022, contending that it violated their rights under Article 14 of the Constitution.

Rejecting their claims, the court concluded that the new regulations did not infringe upon any vested rights of the petitioners.

“Keeping in view the holistic backdrop within which Adoption Regulations 2022 were introduced, and its operational effect thereof, this court is of the opinion that Regulation 5(7) under question is procedural in nature retroactively. It is also concluded that at the pre-referral stage of adoption, no vested right towards the adoption of a normal child has accrued to the Petitioners retroactive,” the court said.

Consequently, the court dismissed the writ petitions, along with any pending applications.

Case Title: Debarati Nandee v. Ms. Tripti Gurha & Anr. (Connected matters)