An Indian can adopt a child even though his or her personal law does not permit it, a Delhi court has said, giving hope to a Muslim couple who aspire to be the foster parents of an orphan.
"Indian citizens have a fundamental right under the Indian Constitution and under the provisions of the Juvenile Justice Act, 2000, to adopt an Indian child," District Judge Pratibha Rani said.
The court's observations came recently while allowing the plea of a Muslim couple who wanted to adopt a two-year-old girl child. It also directed them to sign and execute an adoption deed, which would help the child to have all natural rights available to a biological son or daughter.
"There is no impediment in allowing the present petition just for the reason that petitioners in the case are Muslims and the personal law of the petitioners does not permit adoption," the court said, relying upon a decision of the Supreme Court.
The couple, practising doctors, adopted the infant, who was found abandoned in the bushes at Moti Nagar here on November 6, 2007, four months after her birth.
The judge noted that the provisions of the Juvenile Act made adoption a legally viable option for those whose personal law does not allow them to adopt a child.