Supreme Court directs on priority adoption of a child to be delivered by a 20 year-old student

The court terms the “young woman in distress” to be a unique case. The petition was originally filed seeking medical termination of pregnancy by a 20 year-old student.

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ON Tuesday, a Supreme Court bench comprising the Chief Justice of India (CJI) Dr. D.Y. Chandrachud and Justices P.S. Narasimha and J.B. Pardiwala, issued a clarification in its direction from earlier this month to seek prospective adoptive parents with utmost priority and urgency before the delivery of a child by an unmarried 20 year-old student.

The petition was originally filed seeking medical termination of pregnancy. The All India Institute of Medical Sciences (AIIMS), however, submitted a report that in light of the petitioner being in the last stage of her pregnancy, the termination of pregnancy could cause harm to the mother and the child. Accordingly, the bench, by an order dated February 2, directed AIIMS to fix a suitable date for the delivery of the child and to ensure all necessary facilities are made available without charges.

Further, the petitioner suggested giving the child for adoption since neither she nor her family was in a condition to care for the child. In light of the situation, the bench granted permission for the adoption of the child by prospective parents registered with the Central Adoption Resource Agency (CARA). Subsequently, on Tuesday, the bench directed CARA to implement the order and take necessary steps within 24 hours.

While issuing the clarification, the bench noted in its order that in the exercise of its jurisdiction under Article 142 of the Constitution, “these directions were issued having regard to the extraordinary situation which has emerged before the Court involving a young woman in distress, who moved this Court at a late stage of her pregnancy.”

The order clarified that the directions for undertaking adoption on priority were confined to the specific facts of the present case, not supplanting the procedure laid down by CARA in their general application to other such cases.

Central Adoption Resource Agency

CARA, a statutory body under the Union Ministry of Women and Child Development, is responsible for regulating the child adoption procedures in India, and ensuring the welfare of children in need of care and protection. The adoption procedure includes registration, home study report, referral of a child, acceptance of the child, adoption order, and post-adoption follow-up.

The entire adoption process under CARA is governed by the Juvenile Justice (Care and Protection of Children) Act, 2015, and the Guidelines Governing Adoption of Children, 2015.

On August 25, 2022, a three-judge bench of the Supreme Court noted the adoption process under CARA to be “very tedious” since there are three to five years’ waiting periods to adopt a child while lakhs of orphans are waiting to be adopted. The bench, comprising then Justice Dr. Chandrachud, and Justices A.S. Bopanna and Pardiwala, emphasised the need to streamline the adoption procedure under CARA.

From September 1, 2022, after the coming into effect of the Juvenile Justice (Care and Protection of Children) Amendment Act, 2021, District Magistrates have been authorised to pass adoption orders, instead of courts that were earlier assigned this role, raising concerns about whether the transfer process will further delay what is already a long and tedious process.

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