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The Delhi High Court held that the right to adopt children is not a fundamental right under Article 21 of the Constitution that guarantees the right to life and liberty.
The court upheld the changes made to the Adoption Rules issued under the Juvenile Justice (Care and Protection of Children) Act of 2015 that bars parents from adopting a normal child if they already have two children.
A normal child is one who does not suffer from any disability as provided under the Rights of Persons with Disabilities Act.
This policy change has been introduced to ensure that more children with special needs are adopted.
The court was dealing with a bunch of petitions filed by prospective parents already having two children and wanting to adopt a third child. The judgment was delivered by Justice Subramoniam Prasad.
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