Judgement of the Day - VIVEK NARENDRAN- In Re Madras High Court OP No. 103 of 2020

FACTS

The adopted father and biological mother of a minor daughter filed a petition in the court for modifying the changes in the name of the biological father in the birth certificate of the child. Petitioners said that the biological father of the minor died three years ago, so the minor child must be entitled to the legal status of the biological daughter of the adoptive father. By this, she can get the inheritance and succession rights in respect of adoptive father. Also, the adoptive father claimed that their request for the aforesaid matter is fulfilling all the conditions prescribed in the Adoption Regulations and Juvenile Justice Act,2000.


JUDGEMENT

The Court observed that the biological father of the minor daughter was alive when the birth certificate was issued to her. It was enunciated that Adoption does not sever the relationship of the minor with her biological father. It is the discretion of the biological father to renounce his right as father of the child provided that the consent of the adoptive father is necessary on behalf of an adopted child. In this case, even a biological mother cannot stop her child to have her biological father’s name in the birth certificate. According to Rule 5 of Tamil Nadu registration of Birth and Death Rules, 2000, the original birth certificate cannot be altered in this case, the adoptive father can only incorporate his name in column 7 and 8 of the form that is specially made for adoptive parents

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