New Delhi: The Supreme Court on Thursday invoked its extraordinary power under Article 142 to allow the adoption of a child after the delivery of a 20-year-old student who was carrying a 29-week unwanted pregnancy.
A bench headed by Chief Justice D.Y. Chandrachud and comprising justices P.S. Narasimha and J.B. Pardiwala noted that Additional Solicitor General (ASG) Aishwarya Bhati and Dr Amit Mishra, who have interacted with the petitioner, state that the petitioner does not wish to retain the child with her after delivery.
The bench said: “In the circumstances, having regard to the late stage of the pregnancy, it has been considered in the best interest of the mother and the fetus that the child, upon delivery, may be given in adoption. The request for adoption has been suggested by the petitioner since she would not be in a position to care for the child.” Bhati informed the court that she had also interacted with the sister of the petitioner to explore whether she would be willing to take the child for adoption. However, the sister expressed her inability to do so for a variety of reasons, noted the bench.
Solicitor General Tushar Mehta and Bhati apprised the court that an effort has been made to facilitate the process of adoption of the child after delivery, by prospective parents who are registered with the Child Adoption Resource Authority (CARA) under the Union Ministry of Women and Child Development.
The court was apprised of the fact that two prospective parents who have been registered with a parent registration number under CARA are ready and willing to adopt the child.
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