Right to Adopt Not a Fundamental Right

Syllabus – General Studies-II

Context

The Delhi High Court recently ruled that the right to adopt a child is not a fundamental right guaranteed under Article 21 of the Indian Constitution (Right to Life and Liberty).

Key Point

• The Union Ministry of Women and Child Development issued a notification of the Adoption Regulations, 2022.
• The 2017 regulations, which stated that a couple with three or more children could only choose to adopt children who are difficult to place or have special needs, were replaced by these new ones.
• Nonetheless, couples with two or more children will be subject to this requirement under the 2022 regulations.

Court’s Reasoning

• The adoption process prioritizes the best interests and welfare of the child.
• Granting adoption as a fundamental right would elevate the desires of prospective adoptive parents above the child’s well-being.
• The court emphasized that prospective adoptive parents don’t have the right to choose who they adopt

Prospective adoptive parents (PAPs’) concern

• PAPs who had two biological children filed a case against the 2022 regulations in the High Court.
• The petitioners argued that the Adoption Regulations 2022’s retroactive application was capricious and in violation of the Constitution’s Article 14 (equality before the law).

High Court ruling

• According to the court, “the right to adopt cannot be raised to the level where it grants PAPs the right to demand their choice of who to adopt, nor can it be raised to the status of a fundamental right within Article 21.”
• The rights flowing under the adoption framework do not prioritize the rights of PAPs because the adoption procedure as a whole is based on the well-being of children.

Implications

• This judgment upholds the primacy of child welfare in adoption procedures.
• It discourages a sense of entitlement among prospective adoptive parents.
• The focus remains on finding suitable, permanent homes for children in need.

Possible UPSC Questions

• Critically analyze the Delhi High Court’s decision on the right to adopt.
• Discuss the balance between child welfare and the aspirations of prospective adoptive parents in the Indian adoption system.
• Suggest measures to streamline the adoption process while ensuring child’s well-being.

– Source

• INDIAN EXPRESS