Lawstreet Journal

No bar on step-parent to become a child's adoptive parent: Karnataka HC

Lawstreet Journal 15 Oct 2020 11:35pm

Image courtesy: Lawstreet Journal Judiciary No bar on step-parent to become a child's adoptive parent: Karnataka HC

The Karnataka High Court recently declared a stepmother as the legally adoptive mother of the minor child and the couple as parents of a minor child for all legal purposes, noting that "through the adoption process, the child is transplanted into the family of its natural father and step-mother thereby establishing a permanent parent-child relationship.”

When the minor was barely a year old, his mother, wife of petitioner No.1 (biological father) passed away on 7.02.2010 in a road accident. Petitioner No.1 subsequently married petitioner No.2 on 23.11.2012. Since then, as her own child, she has looked after the minor and wanted to recognize her as the legal mother through the minor child's adoption.

The couple thus approached the trial under sections 56 and 61 of The Juvenile Justice (Care and Protection of Child) Act, seeking a declaration that the petitioner no 2 is the adoptive parents of the minor child. However, the court by its order dated October 14, 2019, rejected their petition.

The key reason for the rejection cited by the court was that it is not appropriate to nominate petitioner No.2 as an adoptive parent if the biological father who is petitioner No.1 is willing to take care of his son.

A bench of Justice John Michael Cunha said,

"These provisions do not prescribe any bar on the step-parent to adopt the child or children of one of the biological parents. It only requires scrupulous compliance of the procedure contemplated under the Juvenile Justice (Care and Protection of Children) Act, 2015 and Adoption Regulations,… Continue Reading...

Tagged: Karnataka high court  
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