Debarati Nandee v.
Union of India & Anr +
Connected matters
The Delhi High Court held that “right to adopt cannot be raised to the
status of a fundamental right within Article 21 nor can it be raised to a
level granting PAPs the right to demand their choice of who to adopt.
The adoption process in entirety operates on the premise of welfare of
children and therefore the rights flowing within the adoption
framework does not place the rights of the PAPs at the forefront. There
can be no expectation at the pre-referral stage towards the adoption of a
normal child, in the absence of any vested rights of legislative assurance
towards consideration for the same.”
What is Adoption?
Adoption is defined under Section 2 subsection (2
of THE JUVENILE JUSTICE (CARE AN
PROTECTION OF CHILDREN) ACT, 2015(Amende4
in 2021) “adoption” means the process through
which the adopted child is permanently separate
from his biological parents and becomes the
lawful child of his adoptive parents with all the
rights, privileges and responsibilities that are
attached to a biological child.
Adoption Rules were issued under the said act b
Central Government, amended in 2022 an
implemented by the Central Adoption Resource
authority.
