Order Allowing Couple To Adopt Not Meant To Supplant CARA Process : Supreme Court Clarifies In Unmarried Student's Abortion Case

The Supreme Court has issued a clarification with respect to the order passed by it in a petition filed by an unmarried woman seeking termination of pregnancy. After the AIIMS reported that there was high probability of the baby coming out alive if the 29-week pregnancy was attempted to be terminated, the Court had persuaded the woman to opt for delivery. The woman, a 21-year old student, expressed difficulty in keeping the child.

During the proceedings, the Solicitor General of India had informed the Court about the willingness expressed by a couple, who are registered with the Central Adoption Resource Authority(CARA), to adopt the child. Accordingly, the Court had passed an order allowing the said couple to adopt the child.

The Court has now clarified that the order was passed in view of the extraordinary circumstances of the case, and the same is not meant to supplant the regular adoption procedure of CARA.

The Court said that in view of the unwillingness expressed by the woman to raise the child, "it had become necessary to seek prospective adoptive parents with the utmost priority and urgency before the delivery". Therefore, the direction allowing adoption by the specified couple was passed exercising the extraordinary powers under Article 142 of the Constitution. 

"It is clarified that these directions do not operate to supplant the procedure which has been laid down by CARA in their general application to other cases falling within its jurisdiction", a bench led by Chief Justice of India DY Chandrachud stated.

In view of the above clarification, CARA has been directed to take steps in compliance with the order dated 2 February 2023 without taking recourse to the procedure as mentioned in paras 4(A) and 4(B) of its letter dated 8 February 2023. CARA has been directed to take steps within 24 hours.

Case Title: P v. UoI And Anr. WP(C) No. 65/2023

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