Right to Adopt a Child is not considered a Fundamental Right

Context

Recently, as per Delhi High Court’s rule, adopting a child is not a fundamental right of an adoptive parent. And the adoptive parents do not have the authority to choose the child they want to adopt

Important Aspects

• In this scenario, the court upheld that, couples with multiple children are allowed only to adopt special needs children or those are difficult to place.
• The right to adopt is not considered as fundamental right and also not the rights of a prospective adoptive parent to choose whom to adopt.
• The court emphasizes the welfare of the children, not the rights of the adoptive parents during the process of adoption.
• Also, a balanced approach is needed to reduce waiting periods for parents with one child or no children.

Case details

• The court decided on the petition received from couples who wanted to adopt a third child and they already have two biological children.
• It has replaced the Adoption regulation 2017 by Adoption regulation 2022 during the process.
• The petitioners argued that the new rule is against the fundamental right, “equality before the law.”
• The new rule says, parents with two or more children can only adopt children with special needs or children who are considered as ‘hard to place’ if they are not the relatives or step children.

Eligibility Criteria for Prospective Adoptive Parents

• They must be sound in body and mind.
• Must be emotionally healthy.
• Must be financially well capable to provide the child a proper environment for his/her development.
• Must not have any life-threatening medical condition.
• They must not have any criminal records.
• They must not have any accusations of child rights violations.
• Married couple require the common consent from both the spouses.
• Prospective Adoptive Parents must recomplete their home study report every 3 years.
• Seniority must be given on the basis of registration date.

Regarding Central Adoption Resource Authority (CARA)

• It is a government body under the Ministry of Women and Child Development in India. 
• It looks after the adoption of Indian children nationally and internationally.
• It regulates the adoption procedure and is designated as the Central Authority for inter country adoptions. 
• It complies with the Hague convention on Intercountry adoption.
• It facilitates adoption through recognized adoption agencies and primarily adopts orphaned, abandoned, and surrendered children.

Source: TOI

UPSC Prelims Practice Question:

Q.Consider the following statements about CARA

1. Central Adoption Resource Authority (CARA) is a non statutory body.
2. It facilitates adoption through recognized adoption agencies and primarily adopts orphaned, abandoned, and surrendered children.

Select the correct answer using the codes given below:

a. 1 Only

b. 2 Only

c. Both 1 & 2

c. Neither 1 nor 2

 

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