The Legal Issue
The Delhi High Court addressed the eligibility of prospective adoptive parents (PAPs) with two or more existing children to adopt a 'normal' child under the Adoption Regulations, 2022. The specific issue arose when CARA erroneously referred a child to a couple who already had two children, leading to a dispute over whether such an erroneous referral created a vested right or legitimate expectation for the PAPs to proceed with the adoption, despite the clear bar in the regulations.
Court's Reasoning
The Delhi High Court, after careful consideration, held that Regulation 5(3) of the Adoption Regulations, 2022, is unambiguous. This regulation explicitly states that PAPs with two or more children, whether biological or adopted, are ineligible to adopt a 'normal' child. The court emphasized that the purpose of this regulation is to ensure that children with special needs or older children are prioritized for adoption. The Bench clarified that an erroneous referral by CARA, or any administrative lapse, cannot override the express statutory provisions. Such an error does not create any vested right or legitimate expectation in favour of the PAPs, as eligibility must be determined strictly according to the regulations. The court directed CARA to implement robust mechanisms for verifying eligibility before making referrals and to adhere to the prescribed timelines for issuing No Objection Certificates (NOCs).
Why It Matters
This decision is significant as it reinforces the strict interpretation and application of the Adoption Regulations, 2022, particularly concerning eligibility criteria. It provides clarity that administrative errors do not confer rights that are contrary to the law, thereby preventing potential misuse or circumvention of the regulations. For advocates, it underscores the importance of advising clients on the precise eligibility requirements, especially Regulation 5(3). For CARA and adoption agencies, the judgment serves as a directive to enhance their due diligence in verifying PAPs' eligibility, thereby streamlining the adoption process and minimizing legal disputes. This ruling ensures that the spirit of the regulations, which aims to facilitate the adoption of children who are harder to place, is upheld.