Adoption Does Not Sever Relationship With Biological Father, Even If He Renounces Right As Father: Madras HC [Read Order]

The Madras High Court, in a judgment delivered recently, refused to substitute in the birth certificate of a minor girl the name of her adoptive father, who is her biological mother's second husband, in place of her deceased biological father's name.

The court was hearing the plea under Section 56 (2) of the Juvenile Justice (Care and Protection of Children) Act, 2015 read with Regulations 52(4) and 55(2) of the Adoption Regulations praying to appoint the adoptive father (the biological mother having agreed to give the child in adoption to her second husband) of the person of the minor female child so that the latter is entitled to the legal status of biological daughter with all therights of succession and inheritance and for all purposes allowed by the law.

On behalf of the petitioners, it was urged that the 2nd petitioner had married the 1st petitioner and is leading a happy life. The minor child is also a part of this family and she has recognised and accepted the 1st petitioner as her father. The 1st petitioner has come forward to adopt the minor child and the 2nd petitioner, the natural mother of the minor, is also desirous that the 1st petitioner is legally recognised as the father of the minor child.

Denying the relief, Justice P. T. Asha observed that "it cannot be granted for the simple reason that the said late V.Venkatesh was the biological / natural father of minor Sahanaa and on the date on which the birth certificate was issued by the Authorities the said Venkatesh was very much alive and it is he who has been described as the father of the minor child in the birth certificate issued by the Authorities".

The Single Judge proceeded to observe that the adoption does not sever the relationship of the minor with her biological father, the only exception being when the biological father himself renounces his right as father of the minor and consents for the child to be taken in adoption by the adoptive father. "Even in such cases, it is my view that the status of being the biological father does not change. It is only the status of an adoptive father, custody and maintenance of the minor that changes hands", the Single Bench asserted.

The Court opined that while it is not in dispute that the 2nd petitioner as the biological / natural mother of the minor is empowered to give the child in adoption, but she cannot deprive the child's right to have the name of her biological / natural father in her birth certificate.

The bench appreciated that the registration of the births is governed by the provisions of the Registration of Births and Deaths Act, 1969. Sections 8, 9 and 10 mandates that the information of the births and deaths be given to theAuthorities by the persons listed. The Act also makes provision for a delayed registration and the procedure is encapsulated in Section 13 of the Act. Section 15 talks about the circumstances under which an entry in the register of births and deaths can be corrected or cancelled. This Section would provide that a correction or cancellation of the entry in the register of births and deaths could be made in the following circumstances:

(a) When the entry is erroneous in form or substance; and

(b) The entry has been fraudulently or improperly made.

On the occurrence of the above, the application could be made to the Authorities seeking correction or cancellation by giving the reasons. The said Section further provides that there shall be no alteration to the original entry and the correction can only be made in the margin with the Authorities signing the same. "Therefore, from a reading of Section 15 it is clear that the original entry cannot be corrected / deleted and the incorporation of the new details can be made only in the margin", noted the bench.

The Court further reflected that the State of Tamil Nadu in pursuance of the powers vested under Section 30 of the Registration of Births and Deaths Act, 1969 has notified the Tamil Nadu Registration of Births and Deaths Amended Rules called the Tamil Nadu Registration of Births and Deaths Rules, 2000.

"In the case of adoption the form which is prescribed is Form 1-A. Serial Nos.4 and 5 in the said form relates to the name of the mother and father respectively. Serial Nos.7 and 8 relates to the name of the adoptive mother and the adoptive father. Therefore, the request by the petitioners to delete the name of the biological / natural father from the original birth certificate is legally not sustainable particularly when the rules clearly provide for incorporating the name of the adoptive parents separately in Column Nos. 7 and 8 as adoptive parents and not as the natural parents", remarked the bench.

The Single Judge was of the view that the biological father is no more and therefore it cannot be said that he severed his ties with his daughter. Even though the biological / natural mother has given her consent for the 1st petitioner stepping into the shoes of the father by filing this petition, this Court cannot permit the substitution of the name of the 1st petitioner as the biological / natural father of the minor.

Click Here To Download Order

[Read Order]