The Gujarat High Court has said the Registrar is bound in law to incorporate change in the register of Births and Deaths on the basis of the Registered Adoption Deed and that the same cannot be ignored or disregarded.

A division bench of Justices N V Anjaria and J C Doshi, observed, “The outweighing aspect in the facts of this case is that the change of the name of the father was prayed for on the basis of the Registered Adoption Deed. The petitioner became the adoptive father of the child in view of the execution of Registered Adoption Deed. The Registered Adoption Deed is binding to the authority under the Registration of Births and Deaths Act.”

The court said once it is registered deed of adoption, its validity and effect cannot be called in question by the authority. 

This bench made the observations in its decision on the appeal filed by the Birth and Death Sub Registrar and Deputy Health Officer, challenging the judgment and order passed by a single judge bench in a group of petitions. The question before the single bench was whether the competent authorities can refuse to register a name change request in birth certificates in absence of court orders confirming the adoption.

The single bench had held that a registered deed of adoption is enough to prove the validity of adoption of a child under Hindu Adoptions and Maintenance Act, 1956, and that there is no requirement to have a civil court decree asserting such deed, for change in birth records.

However, the respondent authority contested the decision of the single judge, arguing that it was based on a misinterpretation of the Adoption Regulations, 2022, specifically Chapter VI. It was contended that the mere existence of a Registered Adoption Deed does not obligate the Registrar of Births and Deaths to effect a change in the name.

Case Title: Registrar, Birth And Death Registration Department Versus Niteshbhai Narshibhai Mangrola

R/Letters Patent Appeal No. 672 Of 2023 In R/Special Civil Application No. 16799 Of 2022

With

Civil Application (For Stay) No. 2 Of 2023 In R/Letters Patent Appeal No. 672 Of 2023

Appearance: Mr Kaushal D Pandya(2905) For The Appellant(S) No. 1 For The Respondent(S) No. 1,2

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