The Karnataka High Court has quashed an endorsement by a sub-registrar that rejected an adoption application from a couple, insisting that they obtain the consent of the biological father of the child, who is a rape accused currently in jail. Justice Hemant Chandangoudar passed the ruling while allowing a petition filed by the 16-year-old victim (mother of the child), her own mother, and the couple seeking the adoption of the child.
The court emphasized that the adoption is being carried out under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015, along with the 2016 Rules and the 2017 Regulations, specifically Regulation 7(7), which allows the mother of an illegitimate child to surrender the child for adoption.
The court noted that when natural guardians are unable to provide a safe and nurturing environment, the child effectively qualifies as an “orphan” for all practical purposes. Denying adoption in such cases would violate the child’s fundamental right to live with dignity under Article 21 of the Constitution.
Thus, the court concluded that adoption is not only a statutory right but also a moral obligation to safeguard the welfare and development of the child.
The sub-registrar had initially rejected the adoption deed on November 11, 2024, citing the incomplete nature of the application, as it did not include the biological father’s consent. The key question for the court was whether the consent of a biological father, accused of rape, is necessary for the adoption when the minor mother and her guardian have already provided their consent.
The minor victim had filed a police complaint in August 2024 regarding the offences committed between November 2023 and June 2024. She gave birth to the child on September 30, 2024.
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