The right to adopt is not a fundamental right, nor do prospective adoptive parents have the right to choose whom to adopt, the Delhi high court has held, adding that adoption is premised on the welfare of children and does not place the rights of the prospective parents at the forefront.
"The right to adopt cannot be raised to the status of a fundamental right within Article 21 nor can it be raised to a level granting PAPs (prospective adoptive parents) the right to demand their choice of who to adopt," justice Subramonium Prasad said in the February 16 order.
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