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Hon’ble Madras High Court dismisses the plea to substitute name of biological father with the name of adoptive father

The Hon’ble High Court of Madras in a plea u/s 56 (2) of Juvenile Justice (Care and Protection of Children) Act, 2015 r/w regulation 52(4) and 55(2) of the Adoption Regulations, refused to substitute the name of the biological father with the name of the adoptive father. The plea was filed so that the minor child can be entitled to the legal status of the biological daughter of the adoptive father and all the rights of succession and inheritance can be vested.

The Hon’ble Court while dismissing the plea expounded that “adoption does not sever the relationship of the minor with the biological father, the only exception being when the biological father himself renounces his right as a father and consents for the child to be taken in adoption by the adoptive father” the hon’ble court further observed that “even in such cases, it is my view that the status of being the biological father does not change. It is only the status of an adoptive father, custody and maintenance of the minor that changes hands”

The Hon’ble court while examining S. 15 of the Registration of Births and Deaths Act, 1969 which provides for the circumstances in which the entry in register of births and deaths can be corrected, observed that the original entry cannot be corrected or deleted and incorporation of new details can only be made in the margin.

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