A single judge bench of the Bombay High Court in Aurangabad recently observed that a single parent cannot be held ineligible to adopt a child on the grounds that they are a working person. The court said there is a statute that recognises a single parent to be eligible to adopt a child. 

“When the statute recognises a single parent to be eligible for being an adoptive parent, the approach of the competent court defeats the very object of the statute. Generally, a single parent is bound to be a working person with some rare exceptions. Thus, by no stretch of the imagination, a single parent can be held ineligible to be an adoptive parent on the grounds that he or she is a working person,” stated the order by the bench comprising Justice Gauri Godse.

The high court further observed that the lower court’s comparison between a homemaker and a working woman reflects a medieval and conservative concept of a family.

“The competent court has erroneously rejected the application by doing guesswork. The comparison done by the competent court between the biological mother being a homemaker and the prospective adoptive mother (single parent) being a working woman reflects a mindset of the medieval and conservative concepts of a family,” the order stated.

A Madhya Pradesh resident had filed a civil revision application before the court to request permission to adopt a minor, whose biological parents are in Maharashtra’s Jalgaon. The woman claimed to have fulfilled all requirements under the Juvenile Justice (Care and Protection of Children) Act and Adoption Regulations, 2022 but the civil court in Bhusawal rejected her application. It cited that the biological mother was a homemaker and will be better suited to care for the child, whereas the adoptive single mother was a working woman and will not be able to provide enough personal attention.

While allowing the revision application, Justice Godse said the reasons given by the civil court were unfounded and baseless.

“Section 57 of the JJ (Juvenile Justice) Act provides the eligibility criteria of a prospective parent. Subsection (3) of Section 57 holds a single or divorced person eligible for taking a child in adoption. Subsection (1) of Section 57 states that the prospective adoptive parent shall be physically fit, financially sound, mentally alert and highly motivated to adopt a child to provide a good upbringing to the child. Thus, the reason given by the competent court is not only contrary to the provisions of the JJ Act but is also contrary to the recommendation made by the district child welfare officer and assistant director of CARA (Central Adoption Resource Authority). Even otherwise, the reason given by the competent court is unfounded and baseless,” the order stated.

Source: News18