Expansion of rights of adoptive mothers: An analysis of Hamsaanandini Nanduri v. Union of India

Abstract

Motherhood is often assumed to be biological, the norm everyone imagines, as soon as we discuss this subject, largely overlooking the adoptive parents and the care given by them. Being a parent is a full-time job, and proper caregiving for children plays a very important role in both parents' and children's lives. The process of bonding and development of a child with their parent is a crucial aspect for the mental health of the child, for which we have maternity laws in our country, but do they cover all types of parents and families? Maybe not. The norm of biological motherhood led to the legal framework being practically illusory for adoptive mothers, limiting their access to the rights and protections available to them. Until the recent case of Hamsaanandini Nanduri v. Union of India, the perspective shifted, and the court also acknowledged adoptive motherhood, expanding the constitutional protection for motherhood beyond childbirth.