- 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 gender
- Single male shall not adopt a girl child.
- 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).
- 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)
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