Plea In Delhi HC Against Adoption Regulations Restricting Parents With Two Children From Adopting ‘Normal Child’

A petition has been filed in the Delhi High Court challenging the recent changes made to the Adoption Regulations issued under the Juvenile Justice (Care and Protection of Children) Act, 2015.

These changes prevent parents from adopting a child without any disabilities, referred to as a “normal child,” if they already have two children.

The petitioner, Jesi Jeevarathinam, who has two biological children, applied to adopt a child in December 2020. The plea argues that the decision of the Steering Committee Resource Authority to implement the Adoption Regulations, 2022 with retrospective effect is arbitrary, unreasonable, and violates Article 14 of the Constitution.

It was revealed in court that the petitioner had applied for the adoption of a third child under the Adoption Regulations, 2017, which were in effect at that time. These regulations prohibited parents with three or more children from adopting a child without any disabilities.

The plea highlighted “Pertinently, the 2022 Regulations came into force on 23rd September 2022 i.e., the date of the notification in official Gazette. The said Regulations do not provide for retrospective implementation and hence, the Committee’s decision to implement the Regulations retrospectively is contrary to the settled law that any Statute/Rules/Regulations have a prospective operation unless the Statute/Rules/Regulations specifically provide for its retrospective operation.”

After reviewing the case, Justice Prathiba M Singh passed an order on May 2, 2023, directing the authorities to keep the petitioner’s name on the waiting list. If the petitioner becomes eligible for adoption referrals under either the 2017 regulations or the 2022 regulations, she must be notified accordingly, as directed by the Court. The Court ordered, “In addition, it is directed that the restoration of the petitioner in the seniority list shall be given effect to within one week.”

The case is scheduled for further consideration on 12^th July, 2023.