Woman moves Delhi high court over new condition for adoption

NEW DELHI: A woman has moved Delhi High Court challenging the bar imposed under new adoption regulations that prohibits parents from adopting a ‘normal child’ if they already have two children.
As per the changes made to the adoption regulations under the Juvenile Justice (Care and Protection of Children) Act, 2015, parents who already have “two children” can’t adopt a child without any disabilities, as defined by the Rights of Persons With Disabilities Act.
The plea informed the court that the petitioner, who has two biological children, had applied to adopt a child in December 2020, when the 2017 regulations governing such adoptions were in effect. These rules only prohibited parents with “three or more children” from adopting a child without any disabilities.
However, last year the authorities took a decision to implement the Adoption Regulations, 2022, with retrospective effect, which is arbitrary, unreasonable, and violates Article 14 of the Constitution, the plea added. The court, after reviewing the case, directed the adoption agency to keep the petitioner’s name on the waiting list. The court said in case the petitioner becomes eligible for adoption under either the 2017 or 2022 regulations, she must be notified accordingly.
The court also restored the petitioner’s seniority in the list of those eligible and waiting for adoption of children. It listed the case for hearing next on July 12, along with a similar matter.
The petition urged the high court to intervene so that the petitioner’s application for adoption is processed as per the 2017 rules which were in force at the time she applied.