Mumbai: In an important judgement, the Bombay High Court has held that a couple with an adopted child can adopt a second child of the same sex and there was no provision in law which imposes restriction on this.
"Parents are entitled to adopt a child irrespective of
the fact that they already have a living adoptive child of the
same sex," ruled Justice D G Karnik, while hearing the plea of
US-based Indian couple, Christopher Drury, a person of Indian
origin and his wife Shenaz, an overseas citizen of India, who
had adopted a girl in 2008 and wanted to adopt another girl
The couple had moved the court through Indian Association
for Promotion of Adoption and Child Welfare, an agency
recognised by Central Adoption and Resource Authority.
The judge noted that provisions of Juvenile Justice (Care
and protection of children) Act, 2000, do not impose
restrictions on a couple with an adopted child to adopt
another child of the same sex.
The Juvenile Justice Act allows parents of a biological
child to adopt another child of the same sex but has no
express provision for the second adoption of a same sex child.
Hence the petition sought to clarify the position in law.
The medical report of the child, Priyanka, whom the
couple wanted to adopt, revealed that she had an abnormality
in the heart. However, the court held that the health of the
child would not come in the way of her adoption.
"The adoptive parents, who are present before me, have
inspected the medical reports and are aware of the abnormality
and yet have decided to adopt her," the judge noted in the
order delivered last week.
The judge further held that it was in the interest of the
minor child, Priyanka, to grant permission for her adoption.
The court also took into consideration the recommendation made
by the Child Welfare Committee in April 2010 that the girl was
free for adoption.