Right to adopt children is not a fundamental right within Article 21: Delhi High Court | Current Affairs | Vision IAS
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  • HC also said that Right to adopt children cannot be raised to a level granting Prospective Adoptive Parents (PAPs) the right to demand their choice of who to adopt.
  • Therefore, HC upheld Regulation 5 (7) of Adoption Regulations 2022. 
    • Under Regulation 5 (7) couples with two or more biological children shall only be considered for special needs children and hard to place children (applicable retrospectively).
      • Special needs child means a child who is suffering from any disability as provided in Rights of Persons With Disabilities Act, 2016.
      • Hard to place child means a child who has not been placed in adoption after going through procedure mentioned under rule.
    • Under Regulation 5 (2) Other PAPs, irrespective of marital status, with or without a biological child (son or daughter) can go for adoption subject to following:
      • Married couple need consent of both spouses 
      • Single female can adopt a child of any gende
      • Single male shall not adopt a girl child.
  • The 2022 Regulations are issued under the Juvenile Justice (Care and Protection of Children) Act or JJ Act of 2015.

 

About JJ Act 2015 (Amended in 2021)

  • JJ Act, 2015 is a secular Act that governs adoption of an orphan / abandoned / surrendered child. 
    • Hindu Adoption Maintenance Act, 1956 (HAMA) also governs adoption in India. 
  • It establishes Central Adoption Resource Authority (CARA) under Ministry of Women & Child Development,
    • CARA is the nodal body to monitor and regulate in-country and inter-country adoptions of Indian children. 

 

 

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