• Harpreet Kaur

An unwed mother who lives in a non-marital cohabitation may cherish childbirth. But sometimes she is compelled to choose to give away her child in adoption for the sake of the stability of the child. From the perspective of an unwed mother, often the act of adoption is narrated as valorous. She plays a minuscule role during the process of adoption. She ought to be grateful for the life she cannot provide for the child. Since she did not marry, she is belittled for her bad choices and it is naturally assumed that she is unfit to be a parent. But a Welfare State will intercede when the father discards his duties towards the child. It will take the child in its protection and endeavours to expeditiously locate such a child in a welcoming home. It itself cannot provide love, nurture and a sense of belongingness to the child. Such an expectation from a sovereign entity is not only high but is too mechanical. So under the Juvenile Justice (Care and Protection of Children) Act, 2015 a State takes care of a child who is either abandoned or surrendered, to ensure that the child is legally free for adoption. The article examines the efficaciousness of the legal provisions for the adoption of a child born to an unwed mother living in a non-marital cohabitation. She has been legally recognized, to be in a domestic relationship like marriage and also has a right to reproductive autonomy. The point of deliberation is that if requisite rights are conferred on her and the child is declared legitimate, can she be considered under the JJ Act, 2015 to have all the rights conferred otherwise on a married couple?

"BODILY INTEGRITY OF AN UNWED MOTHER IN A NON-MARITAL COHABITATION DESIROUS OF SURRENDERING A CHILD UNDER THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.10, Issue 5, page no.o470-o480, May-2023, Available :http://www.jetir.org/papers/JETIR2305F62.pdf

"BODILY INTEGRITY OF AN UNWED MOTHER IN A NON-MARITAL COHABITATION DESIROUS OF SURRENDERING A CHILD UNDER THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.10, Issue 5, page no. ppo470-o480, May-2023, Available at : http://www.jetir.org/papers/JETIR2305F62.pdf