"Marriage Certificate Not Necessary For Adopting A Child": Allahabad HC In Transgender Person's Plea Seeking Marriage Registration

The Allahabad High Court has observed that for adopting a child, a marriage certificate is not a sina-quo-non and even a single parent can adopt a child under the Hindu Adoption and Maintenance Act, 1956.

The Bench of Justice Dr. Kaushal Jayendra Thaker and Justice Vivek Varma observed thus while dealing with a plea filed by a Transgender person and her husband who sought a direction upon the Sub Registrar, Hindu Marriage, District Varanasi to consider and decide the online application for marriage filed by them

Essentially, petitioner no. 1 (a Transgender) and petitioner no. 2 (a boy) solemnized their marriage in December 2000. Thereafter, they decided to adopt a child, however, they were told that a marriage certificate under the Hindu Marriage Act would be required for the same, and therefore, they made an online application before the SubRegistrar, Hindu Marriage, District Varanasi in December 2021.

However, their marriage could not be registered due to the fact that petitioner no. 1 is a transgender person. Therefore, they moved the High Court seeking a direction to the SubRegistrar to register their marriage so that they can adopt a child.

At the outset, the Court directed the Registrar to pass a detailed order on the online application dated 03.12.2021 of the petitioners seeking registration of their marriage.

Further, the Court also clarified that for adopting a child, a marriage certificate is not sina-quo-non and as per Section 7 [Capacity of a male Hindu to take in adoption] and Section 8 [Capacity of a female Hindu to take in adoption] of the Hindu Adoption and Maintenance Act, 1956,  do not require marriage and or registration of marriage.

With these observations, the petition stood disposed of.

Case title - Rina Kinnar And Another v. State of U.P. and Another
Case Citation: 2022 LiveLaw (AB) 55