Adoption Not Restricted To Orphans, Abandoned Children: Bombay High Court

The bench made the observation while hearing a petition filed by a couple seeking to adopt their minor niece. The couple was the maternal uncle and aunt of the child, and the parents had agreed to the adoption.

The Nagpur bench of the Bombay High Court has held that adoption cannot be restricted to children who have been orphaned, abandoned or those in conflict with law, and cited that the Juvenile Justice Act permits adoption of children of relatives. A single bench of Justice Manish Pitale on Wednesday made the observation while hearing a petition filed by a couple seeking to adopt their minor niece. The couple was the maternal uncle and aunt of the child, and the parents had agreed to the adoption. The couple had approached the High Court after the district court of Yavatmal rejected their plea on the ground that the child was not an orphan, in conflict with law, abandoned by parents or in need of care and protection. Justice Pitale noted that the Juvenile Justice (Care and Protection of Children) Act not only intends to take care of children who are in conflict with law and those in need of care and protection, but also to provide for and regulate adoption of children from relatives and adoption by a step-parent.