Delhi High Court ruled that the right to adopt a child is not a fundamental right under Article 21.

Delhi High Court has ruled that the right to adopt a child cannot be elevated to the status of a fundamental right under Article 21 of the Constitution. The court stated that prospective adoptive parents (PAPs) do not have any right to choose who to adopt and that the adoption process operates for the welfare of children, not the rights of PAPs. This decision upholds a regulation allowing couples with two or more children to only adopt children with special needs or those hard to place.

February 20, 2024
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