According to the bombay high court, adopting a third child who is not disabled is perfectly acceptable for a couple with two disabled children. Following a plea by a mumbai couple, the court made this observation and ordered the relevant authorities to give their case another look within six weeks.
A 2023 Central Adoption Resource Authority (CARA) decision that had rejected the couple's desire to adopt a third child because they already had two biological children was overturned by the High Court. According to the revised 2022 adoption standards, CARA had prohibited them from adopting a child who was not impaired. Nonetheless, the couple claimed that the Persons with Disabilities Act applies to both of their biological children, who were born in 2014 and 2019.
The high court granted relief, allowing the couple to adopt a third child who is not impaired. In their april 7 ruling, Justices Girish Kulkarni and Advait Sethna noted, "There is nothing wrong if they are looking for a new hope and optimism with their ability to receive an additional member in their family and, by doing so, achieve mutual fulfilment to make life more meaningful," according to the Times of India.
The court pointed out that the 2022 adoption regulations should have been enforced comprehensively because they include provisions for the "power to relax" limits, especially in "special situations" like this one.
The bench further stated that a couple with two impaired children should not be prevented from adopting a non-disabled child by the interpretation of legislative rules. The court stated that "human life itself is a mixed bag of aspirations, expectations, and challenges," and that meaningful life is influenced by strong and satisfying relationships with children.
Prior to the 2022 regulations taking effect, in september 2022, the pair registered on CARA's official portal, the Child Adoption Resource Information and Guidance System (CARINGS). The adoption rules from 2017 were still in effect at the moment. On september 10, 2022, they completed their home Study Report. However, the federal and state adoption agencies used the amended guidelines to process their application once the new regulations were announced on september 22, 2022.
Only children falling under the 'Immediate Placement' or 'Special Needs' categories might be adopted, CARA notified the couple in march 2023. The couple requested an exemption from CARA in september 2024, but after being denied and without hearing back, they petitioned the bombay high court in 2025 to overturn CARA's ruling.
Using the 2022 regulations, the high court ruled that CARA's rejection was "not reasoned" and that the plea "deserved special consideration," as opposed to being dismissed outright.
A 2023 Central Adoption Resource Authority (CARA) decision that had rejected the couple's desire to adopt a third child because they already had two biological children was overturned by the High Court. According to the revised 2022 adoption standards, CARA had prohibited them from adopting a child who was not impaired. Nonetheless, the couple claimed that the Persons with Disabilities Act applies to both of their biological children, who were born in 2014 and 2019.
The high court granted relief, allowing the couple to adopt a third child who is not impaired. In their april 7 ruling, Justices Girish Kulkarni and Advait Sethna noted, "There is nothing wrong if they are looking for a new hope and optimism with their ability to receive an additional member in their family and, by doing so, achieve mutual fulfilment to make life more meaningful," according to the Times of India.
The court pointed out that the 2022 adoption regulations should have been enforced comprehensively because they include provisions for the "power to relax" limits, especially in "special situations" like this one.
The bench further stated that a couple with two impaired children should not be prevented from adopting a non-disabled child by the interpretation of legislative rules. The court stated that "human life itself is a mixed bag of aspirations, expectations, and challenges," and that meaningful life is influenced by strong and satisfying relationships with children.
Prior to the 2022 regulations taking effect, in september 2022, the pair registered on CARA's official portal, the Child Adoption Resource Information and Guidance System (CARINGS). The adoption rules from 2017 were still in effect at the moment. On september 10, 2022, they completed their home Study Report. However, the federal and state adoption agencies used the amended guidelines to process their application once the new regulations were announced on september 22, 2022.
Only children falling under the 'Immediate Placement' or 'Special Needs' categories might be adopted, CARA notified the couple in march 2023. The couple requested an exemption from CARA in september 2024, but after being denied and without hearing back, they petitioned the bombay high court in 2025 to overturn CARA's ruling.
Using the 2022 regulations, the high court ruled that CARA's rejection was "not reasoned" and that the plea "deserved special consideration," as opposed to being dismissed outright.
click and follow Indiaherald WhatsApp channel