Right to adopt Child not a Fundamental Right

Recently, the Delhi High Court has ruled that the right to adopt a child cannot be considered a fundamental right under Article 21 of the Constitution.

Background

  • The court’s decision was prompted by a series of petitions filed by prospective adoptive parents (PAPs) with two biological children seeking to adopt a third child under the Juvenile Justice (Care and Protection of Children) Act, 2015.
  • However, the Adoption Rules, 2022, replaced the Adoption Regulations, 2017, during the application's pendency, limiting couples with two or more children to adopt only those with special needs or who are hard to place.
  • Petitioners argued that the ....
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