The Karnataka High Court has held that in cases where a child is born as a result of an alleged rape, the biological mother can give the child up for adoption without the consent of the rape-accused biological father. The consent of the biological father in such circumstances is "both inconsequential and immaterial," the Court said.
The Court was hearing a Writ Petition seeking the quashment of the decision of the Sub Registrar rejecting the application for registration of the adoption deed on the ground that the application is incomplete as the biological father of the child to be adopted was not mentioned as an executing party. The issue before the Court was whether the consent of the biological father of a child born out of rape who is also the accused in the rape case is required, in addition to the consent already provided by the minor victim mother and her guardian, for the purpose of giving the child up for adoption.
A Single-Judge Bench of Justice Hemant Chandangoudar held, "[T]he consent of the rape-accused biological father of the child is both inconsequential and immaterial. The adoption of the subject child herein as per the Irrevocable Adoption Deed dated 11.11.2024 is in full compliance with the provisions of the JJ Act, 2015, the Rules, 2016, and the Regulations, 2017."
The lead Petitioner in the case was a Muslim minor, who is a victim of rape and the biological mother of the child. She was before the Court with her mother and a Muslim married couple, the prospective adoptive parents. The biological father of the child, who is the rape accused, is currently in judicial custody awaiting trial and was not impleaded as a party in the present petition.
The minor and her mother submitted that that they were in dire financial distress and unable to provide basic necessities or ensure the overall development of the child. The married couple, who have no children, expressed their willingness to adopt the child and consequently executed an Irrevocable Adoption Deed.