Court Rules Against Step-Parent Adoption Without Consent
The Kerala High Court has ruled that step-parent adoption cannot be allowed unless the biological parent of the child provides consent. The court clarified that the Central Adoption Resource Agency (CARA) cannot waive this requirement under the Adoption Regulations due to the legal implications of adoption.
Biological Parent’s Rights Cannot Be Overridden
Justice C.S. Dias emphasized that a biological parent’s statutory rights over their child cannot be waived by CARA. Only a competent civil court can determine such rights. The court warned that allowing adoption without the biological parent’s consent could lead to misuse in child custody cases.
The court stated that CARA’s authority under Regulation 63 only extends to procedural relaxations and not to substantive rights. Therefore, a step-parent adoption cannot proceed without the biological parent’s approval.
Case Background
In this case, the child’s biological parents divorced by mutual consent. The mother received permanent custody, while the father retained interim custody. After the mother remarried, her new husband sought to adopt the child.
However, the Child Welfare Committee (CWC) rejected the adoption request due to objections from the biological father. The mother and stepfather then approached the High Court, seeking to quash the CWC order and requesting CARA to relax the adoption process.
Court’s Findings
The court analyzed the Adoption Regulations of 2022, issued under the Juvenile Justice (Care and Protection of Children) Act. It noted:
1. Regulation 4: A child from a previous marriage is eligible for step-parent adoption only if surrendered by the biological parent.
2. Regulation 55: Requires the biological parent to sign a consent letter, which must be certified by the CWC before CARA grants pre-approval.
3. Regulation 63: Defines the legal effects of adoption, making it irrevocable and severing all ties with the biological parent.
Since the biological father had not consented, the court upheld the CWC’s rejection of the adoption request.
Legal Implications of Adoption
The court stressed that once an adoption order is passed, the child is permanently severed from the biological parent and legally becomes the child of the adoptive parent. This has major implications, including inheritance and succession rights.
Given these legal consequences, the court ruled that CARA cannot override the requirement for biological parent consent. It dismissed the writ petition, reinforcing that step-parent adoption must follow the legal process.
