METAMORPHOSIS OF UNWED MOTHER’S LEGAL RIGHT: A CRITICAL STUDY

Abstract

A mother is the one responsible for the primary care and nourishment of the children. Accordingly, various courts have accepted and 90% of the times, the custody of a child is awarded to the children. Also, nowadays many independent women are embracing motherhood through adoption. But, the question still remains the same. What is the legal status of such a child? Are there any special rights granted to her as a result of such adoption?

According to the 2011 census data, unwed women form 21% of India's population and are close to 73 million in number.  Unwed women are looked with suspicion and are labeled as unchaste by the society. There is a lot of pressure from the family too as the family believes that the right place for a girl is her husband‘s house. They are accused of being selfish, picky, unaccommodating and un-adjusting when all they are doing and living their life the way they want to.

The present paper deals with the legal rights of the unwed mothers of adopting a child, guardianship rights, status of a surrogate mother, rights in case of live-in-relationship, legal issues faced by them, social response towards them and recommendations pertaining to them. It also throws light on the case of ABC v. State (NCT of Delhi)  wherein the Hon’ble Supreme Court duly exercised its parens patriae jurisdiction, securing the future of several hapless children in India who have been born out of wedlock and thereafter, abandoned by their fathers. The Apex court upholding the interests of one such child granted his unmarried mother the right ─to be appointed the sole guardian without giving any notice to the ‘deserter’ father.

The objective of the paper is to discuss the status and challenges of the single women with the greater emphasis on the single unmarried women in India.