The Supreme Court of India has held that the right to build a family includes adoption, which is an important aspect of the right to personal liberty as enshrined in the Constitution of India
In a landmark judgment, the Supreme Court of India has held that the right of reproductive autonomy includes adoption, which is an important aspect of reproductive and decision-making autonomy as enshrined in Article 21 of the Constitution of India. In this regard, the Supreme Court has held that the right of reproductive autonomy is not restricted merely to the biological aspect of bearing children, and that adoption is an equal right in this regard.
The Supreme Court has held, “A broader interpretation of the Constitution is called for in keeping with the social reality. Parenthood is no longer limited to biological reproduction. There are many other choices that people have made in an attempt to build and nurture families.”
The Court observed that unconventional and atypical family structures are not entitled to any less constitutional protection. In this regard, it was held that “adoption is a conscious and significant exercise of the right to create a family.” It was also emphasized that such rights are encompassed in the broader category of decisional autonomy as set out in Article 21 of the Constitution. Additionally, it was emphasized by the Court that family relationships are not premised on biology. Rather, family relationships are premised on “emotional bonds, responsibilities, and care.” “It is not biology that constitutes a family… but shared meaning and emotional connection.”
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In an interesting observation on the nature of parenthood, it was held that “the experience of motherhood begins when there is a child in one’s life, regardless of how that child comes into one’s life, through birth, adoption, or surrogacy.” The emotional connection between a parent and a child was emphasized as being universally applicable in all forms of parenthood.
This decision is an important step towards recognizing diverse family structures and further emphasizes that the right to personal liberty as enunciated in Article 21 encompasses the right to make a choice in family formations.
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