SC permits adoption of child-to-be-born through CARA after woman agrees to deliver

A woman, who is more than 29 weeks pregnant, has agreed to deliver the child after she was assured that the baby will be adopted by a couple. The woman had filed a petition in the supreme court seeking the termination of her pregnancy.

New Delhi: The Supreme Court bench led by Chief Justice of India, DY Chandrachud, on Thursday invoked its power under Article 142 of the constitution to direct All India Institute of Medical Sciences (AIIMS) to give full medical care to a 21-year-old pregnant woman who is expected to deliver the child in the first week of March.

In addition, the bench also comprising Justices PS Narasimha and JB Pardiwala permitted the adoption of the child-to-be-born by a couple whose names were suggested by the Solicitor General Tushar Mehta, and who are registered with the Central Adoption Resource Authority (CARA). The court was hearing a petition of a 21-year-old B.Tech student who is more than 29 weeks pregnant and wanted termination of her pregnancy. The court, during the last hearing, had asked AIIMS to constitute a medical team to assess her situation and accordingly suggest a medical solution.

Additional Solicitor General Aishwarya Bhati informed the court on Thursday that the young woman was willing to deliver the child, but will not be able to care for the newborn thereafter. She has agreed to give the child up for adoption, the ASG also noted.

SG Mehta, appearing for the Ministry of Health and Family Welfare, noted that adoption through CARA would take a substantial amount of time, and informed the bench that he personally had verified details as well as interviewed a couple who would care for the child. He further said that he was satisfied with the couple and believed the child will be well cared for by them.

Upon the court being informed by the woman's counsel that she had broken down, had switched off her phone and had no place to stay, ASG Bhati said she was willing to accommodate the girl at her own residence. The woman's elder sister, who has recently got married, was unsure about adopting the child due to social constraints, the ASG further informed.