LAKSHMI KANT PANDEY vs UNION OF INDIA

The Supreme Court emphasized that every child has a right to love and a nurturing environment, which is ideally provided by biological parents. However, if biological parents are unable to care for the child, efforts must first be made to find adoptive parents within India to avoid cultural and linguistic assimilation issues. Only if no suitable domestic adoptive parents can be found should foreign adoption be considered, ensuring the child's welfare and security are prioritized. The Court outlined procedural safeguards for international adoptions under Articles 15, 24, and 39 of the Constitution and Sections 7 to 9 and 11 of the Guardian and Wards Act, 1890.