Right to Adopt Not a Fundamental Right
Source: Indian Express
GS II: Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes; mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections
Overview
- News in Brief
- Right to Adopt Not a Fundamental Right Delhi High Court observations
- Central Adoption Resource Authority
- Hague Adoption Convention
Why in the News?
The court made observations while dealing with a batch of pleas filed by several prospective parents with two biological children and wishing to adopt a third child.
News in Brief
- The court made these observations while dealing with a batch of pleas filed by several prospective parents with two biological children wishing to adopt a third child.
- These pleas challenged a decision of the Central Adoption Resource Authority that affirmed the retrospective application of the Adoption Regulations of 2022.
- These rules mandate that couples with two or more children can only adopt children with special needs, hard to place, or unlikely to be adopted because of physical or mental disability, emotional disturbance, recognised high risk of physical or mental disease, age, and racial or ethnic factors.
- The petitioner contended that the right to adoption is a statutory right and that the right of children to be given for adoption goes hand in hand with the right of the parents to adopt.
Article 21: Protection of life and personal liberty
No person shall be deprived of his life or personal liberty except according to procedure established by law.
Right to Adopt Not a Fundamental Right Delhi High Court observations
- The right to adopt is not a fundamental right, nor do prospective adoptive parents have the right to choose whom to adopt.
- Adoption is premised on the welfare of children and does not place the rights of prospective parents at the forefront.
- The right to adopt cannot be raised to a fundamental right within Article 21.
- It can’t be raised to a level granting PAPs (prospective adoptive parents) the right to demand their choice of who to adopt.
- The adoption process in its entirety operates on the premise of the welfare of children.
Central Adoption Resource Authority
- Central Adoption Resource Authority (CARA) is a statutory body of the Ministry of Women & Child Development, Government of India.
- It is a statutory body under Juvenile Justice (Care and Protection of Children) Act, 2015.
- Central Authority to deal with inter-country adoptions by the provisions of the Hague Convention on Inter-country Adoption, 1993, ratified by the Government of India in 2003.
- Primarily deals with the adoption of orphan, abandoned and surrendered children through its associated /recognised adoption agencies.
- In 2018, CARA has allowed individuals in a live-in relationship to adopt children from and within India.
Hague Adoption Convention
- The Hague Adoption Convention, also known as the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption
- It is an international treaty aimed at safeguarding intercountry adoptions.
- Adopted on May 29, 1993, in The Hague, Netherlands
- It establishes standards and procedures to ensure that intercountry adoptions are conducted ethically, transparently, and in the best interests of the children involved.
- The primary objective of the Hague Adoption Convention is to protect the best interests of children, prevent the abduction, exploitation, sale, or trafficking of children, and ensure that intercountry adoptions are carried out with the utmost consideration for the child’s welfare.
- As of January 2022, 101 countries are parties to the Convention, including major adoption sending and receiving countries such as the United States, China, Russia, India, and many European nations.
- Regulation of Adoption Agencies: The Hague Adoption Convention requires adoption agencies to be accredited or authorized by their respective governments, ensuring that they meet specific standards regarding transparency, ethical practices, and the protection of children’s rights.
- Pre-Adoption Procedures: Before an intercountry adoption can take place, the Convention mandates rigorous procedures, including thorough screening of prospective adoptive parents, ensuring their eligibility and suitability to adopt, and obtaining consent from all parties involved, including the birth parents if known.
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