Inclusion of Adopted Children in Birth Certificates

Source: Madras High Court 

Why in News? 

Justice M. Dhandapani of the Madras High Court in the case of A. Kannan v. Union Territory of Puducherry and Ors.  (2025) set aside an order that rejected the petitioner's request to modify a birth certificate to reflect the names of adoptive parents, clarifying the applicability of the Hindu Adoptions and Maintenance Act, 1956(HAM Act) versus the Juvenile Justice Act. 

What was the Background of A. Kannan v. Union Territory of Puducherry and Ors. (2025) Case? 

• The petitioner A. Kannan married K. Sheela on 27.1.2006 as per Hindu rites and customs but the couple was not blessed with a child from their matrimonial wedlock. 
• In 2022, they learned that Vijayalakshmi, an 18-year-old woman, had delivered a child on 26.4.2022 at Cluny Hospital, Puducherry, and was unable to care for the child due to penury. 
• The petitioner and his wife expressed their desire to adopt the child, to which Vijayalakshmi and her parents (the child's grandparents) P. Sakarapani and S. Sudha consented. 
• On 5.5.2022, a "Datta Homam" ceremony was performed by Dhandapani Sharma, a priest, according to Hindu rites and customs, formalizing the adoption. 
• The adoption was subsequently validated through a registered Adoption Deed dated 7.9.2022 (Doc. No.1595/2022) before the Sub Registrar, Puducherry. 
• A naming ceremony was performed on 2.10.2022, and the child was christened as 'K.S. Saatvika'. 
• The petitioner filed a suit in O.S. No.189 of 2023 before the Principal District Munsif, Puducherry, seeking declaration that K.S. Saatvika was the lawfully adopted daughter of the petitioner and his wife. 
• The suit was decreed in favor of the petitioner on 30.11.2023, with no appeal filed, making the decree final. 
• The petitioner then approached the 3rd respondent (Sub Registrar, Registrar of Birth & Death) to modify the birth certificate to include the child's adopted name and the names of the adoptive parents. 
• The 3rd respondent rejected the application vide proceedings No.348PM/RB&D/2024 dated 19.02.2024, stating that the petitioner should have approached the Juvenile Justice Authority for an adoption order from the District Magistrate. 

What were the Court's Observations? 

On Applicability of HAM Act vs Juvenile Justice Act: 

• The Court held that Section 56(3) of the Juvenile Justice Act explicitly states: "Nothing in this Act shall apply to the adoption of children made under the provisions of the Hindu Adoption and Maintenance Act, 1956." 
• The HAM Act is a self-contained code that provides the manner in which adoption is to take place between two Hindus and determines who is eligible for entering into such adoption. 
• The Juvenile Justice Act would not have any overriding effect over Hindu Personal law in view of Section 56(3). 

On Child's Eligibility under Different Acts: 

• The Court noted that the child in question was neither an "abandoned child", "child in conflict with law", "orphan", nor "surrendered child" as defined under the Juvenile Justice Act. 
• Regulation 4 of the Adoption Regulations, 2022 applies only to children governed by the Juvenile Justice Act, not to children adopted under personal laws like the HAM Act. 
• The child given for adoption to the petitioner does not fall under sub-sections (1), (13), (42), and (60) of Section 2 of the Juvenile Justice Act. 

 On Validity of Adoption in Present Case: 

• The Court acknowledged that both the petitioner and biological mother were eligible to give and take adoption under the HAM Act. 
• While Section 9 of the HAM Act requires consent of both parents, the Court noted that the biological father's identity was unknown, and no case was registered under the POCSO Act, making the requirement of father's consent inapplicable. 
• The biological mother had given the child in adoption, as evidenced by her deposition in O.S. No.189/2023, and the grandparents' execution of the adoption deed did not invalidate it when done with the mother's concurrence. 

On Civil Court Decree: 

• The civil court had decreed the suit granting declaration and injunction after trial and hearing witnesses, and this decree had attained finality. 
• The respondents are bound by the decree passed in the suit, which cannot be set at naught by an administrative order. 

On Purpose of Adoption Laws: 

• The Court emphasized that both the Juvenile Justice Act and HAM Act are benevolent legislations aimed at providing shelter and protection for children. 
• The adoption process should facilitate permanent care and protection of the child within a family, safeguarding the child's physical, emotional, relational, and educational needs. 

Final Direction: 

• The Court set aside the impugned order and directed the 3rd respondent to issue a fresh birth certificate incorporating the name of the child (K.S. Saatvika) and the names of the petitioner and his wife K. Sheela as adoptive parents within four weeks. 

What is the Hindu Adoptions and Maintenance Act, 1956? 

About: 

• The Hindu Adoptions and Maintenance Act, 1956 (HAM Act) is a legislation that governs adoption and maintenance among Hindus in India. 
• It applies to persons who are Hindus by religion, including Buddhists, Jains, and Sikhs. 
• The Act consolidates and amends the law relating to adoptions and maintenance among Hindus. 

Section 6 - Requisites of a Valid Adoption: 

No adoption shall be valid unless: 

• The person adopting has the capacity and right to take in adoption 
• The person giving in adoption has the capacity to do so 
• The person adopted is capable of being taken in adoption 
• The adoption is made in compliance with other conditions mentioned in the Act 

Section 9 - Persons Capable of Giving in Adoption: 

• Only the father, mother, or guardian of a child can give the child in adoption. 

The father, if alive, has the primary right to give in adoption, but must have the mother's consent unless she has renounced the world, ceased to be a Hindu, or been declared of unsound mind. 

The mother may give the child in adoption if the father is dead, has renounced the world, ceased to be a Hindu, or been declared of unsound mind. 

Where both parents are dead, have renounced the world, abandoned the child, or been declared of unsound mind, or where parentage is unknown, the guardian may give the child in adoption with court permission. 

The court must be satisfied that the adoption is for the child's welfare and no payment or reward has been made except as sanctioned by the court. 

Distinction from Juvenile Justice Act: 

The HAM Act is a self-contained code for adoptions within Hindu personal law. 

Section 56(3) of the Juvenile Justice Act explicitly exempts adoptions made under the HAM Act from its provisions. 

The HAM Act does not require involvement of Child Welfare Committees or District Magistrate's adoption orders.