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The right to adopt a child cannot be raised to the status of a fundamental right under Article 21 of the Constitution and the prospective adoptive parents do not have any right to choose who to adopt, the Delhi High Court has said. Justice Subramonium Prasad upheld the retrospective application of a regulation permitting couples with two or more children to only adopt children with special needs or those hard to place, adding that the process operates for the welfare of children and the rights of prospective adoptive parents (PAPs) cannot be put at the forefront.
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