Lawstreet Journal

Adoptive Parents Can Adopt Second Child Of Same Sex: Bombay HC [Read Judgment]

Lawstreet Journal 7 Oct 2019 5:42am

Image courtesy: Lawstreet Journal Judiciary Adoptive Parents Can Adopt Second Child Of Same Sex: Bombay HC [Read Judgment]

The Bombay High Court on January 13, 2012, in the case of Indian Association for Promotion of Adoption & Child Welfare v. Unknown, has held that adoptive parents are entitled to adopt a child of the same sex irrespective of the fact that they already have a living adoptive child of the same sex.

Background

In this case, the petitioner moved the court to seek permission to give a female minor in adoption to the proposed adoptive parents. The proposed adoptive father was a person of Indian origin and holds a PIO Card. The proposed adoptive mother was an Overseas Citizen of India registered at London. The proposed adoptive parents have already adopted one female child in the year 2008 from India, now they want to adopt a second female child.

Issue

A short question that came up for consideration in this petition was: Whether a couple, who already has adopted one girl child, is entitled to adopt another girl child under the Juvenile Justice (Care and Protection of Children) Act, 2000?

Findings

Referring to Clause (b) of Sub-section (6) of section 41 of the Juvenile Justice (Care and Protection of Children) Act, 2000, the court observed that the Act permits parents to adopt a child of the same sex irrespective of number of living biological sons or daughters. It does not however expressly permit parents to adopt a child of the same sex irrespective of number of living adoptive children (sons or daughters) of the same sex.

A single judge Bench of Justice D.G.… Continue Reading...


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