SC allows adoption of student's child who sought abortion

The Supreme Court on Thursday allowed the adoption of an unborn baby, after a 20-year-old BTech student, who is in her 29th week of pregnancy, expressed inability to rear the baby.

A bench of Chief Justice D Y Chandrachud and Justices P S Narasimha and J B Pardiwala noted that Additional Solicitor General Aishwarya Bhati and Dr Amit Mishra, the petitioner’s counsel persuaded the student to deliver the child but the prospective mother does not wish to retain the child.

“In the circumstances, having regard to the late stage of the pregnancy, it has been considered in the best interest of the mother and the fetus that the child, upon delivery, may be given for adoption. The request for adoption has been suggested by the petitioner since she would not be in a position to care for the child,” the court noted.

Solicitor General Tushar Mehta submitted a couple is ready to adopt the child and take her good care after completing all the formalities of the Child Adoption Resource Authority (CARA) under the Union Ministry of Women and Child Development.

Bhati, for her part, said that she has also interacted with the sister of the petitioner to explore whether she would be willing to take the child to adoption. However, the sister expressed her inability to do so for a variety of reasons.

Mishra submitted that the petitioner was in a precarious mental condition. “She is broken down. She has left the hostel. Her life is at stake,” he said, seeking an early date of delivery keeping in view of her career prospects.

The judges, who interacted with the counsel inside the chambers, passed the order, requesting the director, AIIMS here to ensure that all necessary facilities are made available without the payment of fees, charges, or expenses of any nature so that the delivery can take place in a safe environment.

“The privacy of the petitioner shall be maintained and all steps shall be taken to ensure that the identity of the petitioner is not divulged in the course of the hospitalization at AIIMS,” the bench said.

The court, which invoked its extraordinary power under Article 142 of the Constitution, further granted permission for the adoption of the child by the prospective parents.

“We are adopting the present course of action consistent with the jurisdiction of this court under Article 142 of the Constitution having regard to the extraordinary situation which has emerged before the court involving a young woman in distress, who moved this court at a late stage of her pregnancy,” the bench said.

With regard to the petitioner’s desire to deliver the child at an early date than scheduled in March, the bench said, “We would request the All India Institute of Medical Sciences to take all necessary precautions in the interest of the safety and health of the mother and the fetus so that a suitable date for delivery can be fixed bearing in mind the expert medical advice.”