38.6c New Delhi, India, Monday, June 17, 2024
Judiciary

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

By LAWSTREET NEWS NETWORK      15 October, 2020 06:05 PM      0 Comments
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, 2017 and requires the Court to satisfy itself that the various conditions stipulated under section 61 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Regulation 52 and 56 of Adoption Regulations, 2017, as the case may be, are followed before issuing an adoption order." 

It further said, "The jurisdiction of the court and the safeguards that are required to be followed by the persons intending to adopt the child are clear and well-defined and there is no scope for the court to interpret any of these legal provisions."

It also added "This adoption is in the best interest and welfare of the child for the reason that in case petitioner No.1 becomes indisposed of or otherwise unable to look after the minor child, the child would have a legal parent or guardian and would not be rendered 'orphan'. This is precisely the object of the Juvenile Justice (Care and Protection of Children) Act, 2015."

The bench concluded by saying “In the case on hand, the child himself has expressed his desire to live with his step-mother and the Karnataka State Council for Child Welfare scrutiny report, there was absolutely no justification for the learned trial judge to reject the petition on the ground that when the biological father is able to look after the minor and petitioner No.2 as a step-mother.”



Share this article:

About:

Explore Comprehensive Legal Reporting with LawStreet Journal: Your Go-To Source for Supreme Court an...Read more

Follow:
TwitterLinkedinInstagram


Leave a feedback about this
TRENDING NEWS

women-including-housewife-approach-ncw-against-controversial-ips-officer-gyaneshwar-singh
Trending Crime, Police And Law
Women, including housewife, approach NCW against controversial IPS officer Gyaneshwar Singh

Two women approach NCW against controversial IPS officer Gyaneshwar Singh, citing harassment for tweets based on news reports about his involvement in high-profile cases.

17 June, 2024 03:10 PM
courts-this-week-law-street-journal-s-weekly-round-up-of-sc-anf-hcs-june-10-june-15
Trending Judiciary
Courts this Week: Law Street Journal's Weekly Round-Up of SC & HCs [June 10 - June 15]

Get the latest updates from the Supreme Court of India and the High Courts ! Here’s a round up of the week's top legal stories in a quick, easy-to-read summary.

17 June, 2024 03:29 PM

TOP STORIES

plea-filed-in-sc-for-fresh-neet
Trending Judiciary
Plea filed in SC for fresh NEET

Plea filed in Supreme Court seeks fresh NEET-UG 2024 exams due to alleged paper leaks and malpractices. Petitioners demand a Special Investigation Team and preventive measures.

11 June, 2024 10:49 AM
plant-30-trees-delhi-hc-orders-senior-citizen-accused-of-outraging-womans-modesty
Trending Judiciary
'Plant 30 trees', Delhi HC orders senior citizen accused of outraging woman's modesty

Plant 30 trees Delhi High Court orders senior citizen accused of outraging womans modesty

11 June, 2024 11:17 AM
no-liability-under-ni-act-for-dishonoured-cheques-of-merged-banks-presented-after-validity-period
Trending Judiciary
No liability under NI Act for dishonoured cheques of merged banks presented after validity period [Read Order]

Allahabad High Court rules that dishonoured cheques from merged banks presented after the validity period won't attract liability under Section 138 of the NI Act.

11 June, 2024 11:29 AM
modi-30-cabinet-full-list-of-ministers-and-their-respective-portfolios
Trending Executive
Modi 3.0 Cabinet: Full list of ministers and their respective portfolios

Modi 3.0 Cabinet: Amit Shah, S. Jaishankar, Nirmala Sitharaman, and Rajnath Singh retain key roles; allies TDP, JD(U), LJP, JD(S) secure major ministries.

11 June, 2024 03:11 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email