A Couple Already Having Disabled Children Cannot Be Barred From Adopting A Normal Child: Bombay High Court
The Bombay High Court said that there is nothing wrong if such parents are looking for a new hope and optimism with their ability of receiving an additional member in their family.
The Bombay High Court held that a couple already having disabled children cannot be barred from adopting a normal child.
The Court held thus in a Writ Petition filed by Prospective Adoptive Parents (PAP), who had two disabled daughters.
A Division Bench of Justice G.S. Kulkarni and Justice Advait M. Sethna observed, “We may also observe that it can never be intention of the statutory mandate that a couple which already has disabled children could be barred from adopting a normal child. This would certainly be not a correct reading of the Regulations as also cannot be considered to be the correct applicability of what has been provided in office memorandum dated 21 March 2023.”
The Bench said that there is nothing wrong if such parents are looking for a new hope and optimism with their ability of receiving an additional member in their family and by doing so achieve a mutual fulfillment to make life more meaningful towards fulfillment of the dream they cherish.
Advocate Meenaz Kakalia represented the Petitioners while Addl. GP A.I. Patel and Advocate Y.R. Mishra represented the Respondents.
Factual Background
The Petitioners (PAP) had two daughters born in 2014 and 2019 respectively. It was their case that their biological children were suffering from disability. The first daughter was diagnosed with Nystagmus a few months after her birth, followed by a cyst in her brain. She was operated for the removal of the cyst, but the damage in the process was permanent, which caused her visual impairment. So far as the younger daughter is concerned, her case was falling into Global Developmental Delay as she suffered from (i) no eye contact, (ii) hearing impairment, (iii) syndromic facial features and (iv) delayed milestones. She was issued Unique Disability ID under the provisions of the Persons with Disabilities Act, 2016. The Petitioners in 2022 registered themselves as PAP on the Child Adoption Resource Information and Guidance System (CARINGS) portal of the Respondent i.e., Central Adoption Resource Authority (CARA).
The receipt of the Application was confirmed and the acknowledgment letter noted that the Adoption Regulations 2017 were to be applied. The Petitioners contended that they uploaded requisite documents on September 10, 2022 and applied to the recognized Specialized Adoption Agency for conducting the home study report. During the pendency of their adoption, a new regime under the Adoption Regulations 2022 came. Consequently, the Respondent issued an Office Memorandum providing that PAP already having two children will not be ineligible to adopt a normal child. However, when they accessed their account on the designated portal, a message was reflected, which informed the Petitioners of the rejection of their Application. Resultantly, they approached the Relaxation Committee of the Respondent but they got no response. Hence, they approached the High Court.
Reasoning
The High Court in view of the facts and circumstances of the case, noted, “As noted hereinabove, it was simplicitor a case of the PAP having two natural biological children and the PAP, wanted to have a third child in adoption. It is in these circumstances, applying the provisions of Regulation 5(7) of the 2022 Regulations, such request was not entertained.”
The Court remarked that human life itself is a mixed bag, which has aspirations, expectations, and challenges and the feeling of happiness and fulfillment are some of the key factors in the successful journey of one’s life.
“It is too personal and subjective, as to from what, individuals would derive happiness and fulfillment. This more particularly when they intend to overcome things, which engulf their mind on issues which deprive them of wholesome happiness, fulfillment and emotional satisfaction. It is in such sheds of human life, deep fulfilling relationship/bonds with children contribute to have a meaningful life so as to derive satisfaction in the expectations such individuals nurture”, it added.
The Court further said that it is in such complex and emotional mindset the parents of the children with disabilities naturally would have an intense dedication, desire, and happiness to receive a normal child in adoption so as to balance their life and to have an experience to raise a normal child, which they are missing.
“This of course, and undoubtedly, while maintaining their love and devotion to the children suffering disability, who can never be neglected and would always be cared. … These are some of the passing thoughts which have touched us considering the basic humanitarian needs and considerations thereof. Be it so, it is the Steering Committee which would possess the expertise on the nuances of such issue so as to deliberate and apply itself to the peculiar human needs, which certainly would differ from case to case, however within the parameters of law”, it also observed.
The Court directed the Respondents to reconsider the Petitioners’ Application in accordance with law. It, therefore, restored their Application to the Respondent/Competent Authority.
“Let the decision on the petitioners’ application be taken within a period of six weeks from the date a copy of the order is presented before the concerned authority”, it further ordered.
Accordingly, the High Court allowed the Petition and quashed the impugned communication rejecting the Petitioners’ Application for adopting a third child.
Cause Title- Bronson Barthol Dias & Anr. v. Central Adoption Resource Authority & Ors. (Case Number: WRIT PETITION NO. 3506 OF 2025)
Appearance:
Petitioners: Advocates Meenaz Kakalia and Gayatri Sathe.
Respondents: Addl. GP A.I. Patel, Advocates Y.R. Mishra, Upendra Lokegaonkar, and Sachidanand T. Singh.
