Bombay HC on Child Adoption: Parents of Two Disabled Children Can Adopt Third Child

The Bombay High Court has ruled that there is nothing wrong if a couple with two disabled children wishes to adopt a third, non-disabled child. The court made this observation after a couple from Mumbai filed a plea, and subsequently directed the concerned authorities to reconsider their case within six weeks.

The High Court set aside a 2023 decision by the Central Adoption Resource Authority (CARA), which had denied the couple's request to adopt a third child, citing that they already had two biological children. CARA had disqualified them from adopting a non-disabled child based on the updated 2022 adoption regulations. However, the couple stated that both of their biological children, born in 2014 and 2019, fall under the Persons with Disabilities Act.

Granting relief, the High Court ruled that the couple could adopt a third, non-disabled child. “There is nothing wrong if they are looking for a new hope and optimism with their ability to receive an additional member in their family and, by doing so, achieve mutual fulfilment to make life more meaningful,” observed Justices Girish Kulkarni and Advait Sethna in their April 7 order, as quoted by the Times of India.

The court noted that the 2022 adoption regulations contain provisions for the 'power to relax' rules, particularly in ‘special situations’ like this one, and should have been applied holistically.

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The bench added that statutory regulations should not be interpreted in a way that prohibits a couple with two disabled children from adopting a non-disabled child. “Human life itself is a mixed bag of aspirations, expectations, and challenges,” the court said, adding that deep and fulfilling bonds with children contribute to a meaningful life.

The couple had registered on the Child Adoption Resource Information and Guidance System (CARINGS), CARA's official portal, in September 2022—before the 2022 regulations came into effect. At that time, the 2017 adoption regulations were still applicable. Their Home Study Report was completed on September 10, 2022. However, after the new regulations were introduced on September 22, 2022, the central and state adoption authorities invoked the updated rules in processing their application.

In March 2023, CARA informed the couple that they were only eligible to adopt children listed under the ‘Immediate Placement’ or ‘Special Needs’ categories. In September 2024, the couple sought an exemption from CARA, but after receiving no response and following an earlier rejection, they filed a petition in the Bombay High Court in 2025 to challenge CARA’s decision.

The High Court held that CARA’s rejection was “not reasoned” and said the plea “deserved special consideration,” rather than being dismissed by mechanically applying the 2022 regulations.