Court's Order on Adoption can not surpass CARA Procedure, Read SC Order

 

Producing clarification on its earlier order whereby it allowed a couple registered with CARA to adopt child of a woman who was denied to terminate pregnancy, the Supreme Court has now said that the permission was granted pertaining to extraordinary circumstances of the case.

The three-judge bench headed by CJI DY Chandrachud has stated that the order is not meant to supplant the regular adoption procedure of CARA.

The woman, a 21-year old student had pleaded for permission to terminate 29-week pregnancy. The Court after relying on expert medical opinion that there was high probability of the baby coming out alive persuaded the woman to deliver instead.

She agreed to the same but also expressed that it will be difficult for her to keep the child. The Court, during the course of hearing was apprised by the Solicitor General that a couple registered with Central Adoption Resource Authority has shown willingness to adopt the child. 

The Court then went onto pass the said order for facilitation of the adoption. It has now, in a clarification, said that in view of the unwillingness expressed by the woman to raise the child, it had become necessary to seek prospective adoptive parents with the utmost priority and urgency before the delivery.

The directions were issued in the exercise of its jurisdiction under Article 142 of the Constitution “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”

"It needs to be reiterated that the petitioner before the Court is an unmarried young student, aged about twenty years. She has communicated both through her counsel and through the Additional Solicitor General, who had personally interacted and counselled her on the request of the Court, that she does not desire to retain the custody of the child after delivery. In this backdrop, it had become necessary to seek prospective adoptive parents with the utmost priority and urgency before the delivery," the order reads.

 

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(With input from news agency language)

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