Adoption Deed Valid For Changing Father’s Name On Birth Cert: HC

The Gujarat High Court has ruled in favour of using a duly registered adoption deed as valid proof to change the father’s name in a child’s birth certificate. The court emphasized the binding nature of a registered adoption deed on the Registrar of Births and Deaths, which cannot be ignored or disregarded.
The bench of Justices N V Anjaria and J C Joshi, stated, “The outweighing aspect in the facts of this case is that the change of the name of the father was prayed for on the basis of the Registered Adoption Deed. The petitioner became the adoptive father of the child in view of the execution of the Registered Adoption Deed. The Registered Adoption Deed is binding to the authority under the Registration of Births and Deaths Act.”
The court added, “Once it is a registered deed of adoption, its validity and effect cannot be called in question by the respondent authority. The Registrar is bound in law to incorporate change in the register of Births and Deaths on the basis of the Registered Adoption Deed. The same cannot be ignored or disregarded for its effect.”
The ruling was given during a series of appeals heard by the bench. These appeals were launched by the Registrar of Births and Deaths department against orders issued by a single judge of the HC permitting changes in birth certificates based on adoption deeds.
One such case concerned a man who married a widow and legally adopted her child. He drew up an adoption deed and requested to replace the child’s biological father’s name with his own. Despite this, the Birth and Death Department denied the application.
After taking the case to the Gujarat HC, the man received a favourable verdict. However, the Registrar of Births and Deaths then challenged this verdict before the two-judge bench, arguing that an adoption deed does not mandate the department to alter a name.
The registrar maintained that corrections could only be made if the entry was flawed, fraudulent, or improperly made. He contended that no grounds existed under Section 15 of the Registration of Births and Deaths Act, 1969 to permit the name change.
The court, after careful consideration of prior judgments and legal principles, dismissed the appeal and rejected this argument. The court’s judgement sets a legal precedent regarding the weight and significance of adoption deeds.