55 Adopted Kids In Madurai To Get Birth Certificates55 Adopted Kids In Madurai To Get Birth Certificates
55 Adopted Kids In Madurai To Get Birth Certificates
|Kaushik Kannan | May 22, 2024, 05:47 IST
Madurai: At least 55 adopted children are set to get their long-delayed birth certificates from the Madurai corporation, as Madras high court directed the authorities to issue birth certificates to the 55 children who were given in adoption by a recognised adoption agency, by incorporating the details set out in the respective adoption orders.Justice G R Swaminathan, hearing a petition filed by Grace Kennett Foundation Mazhalai Illam in Madurai, a recognised child adoption agency, also held that the question of conducting any further inquiry by the civic body did not arise at all.When Madurai corporation submitted that they were adhering to the directions set out in the circular issued in 2012 by the registrar-general, union ministry of home affairs, Justice Swaminathan observed that when the circular was issued, the Juvenile Justice (Care and Protection of Children) Act, 2015 was not in the statute book.“The circular issued in 2012 was issued under the provisions of the Registration of Births and Deaths Act, 1969. It is well settled that a special legislation will prevail over the general law (Generalia specialibus non derogant). Therefore, the 2012 circular should be disregarded by the local body and it has to adhere to the directions set out in the Adoption Regulations, 2022, till it is superseded by any other regulation. As per new Regulations, the local registrar notified under the Registration of Births and Deaths Act should issue the birth certificate in favour of an adopted child on an application filed by the specialised adoption agency or adoptive parents. The details set out in the adoption order must be incorporated in The judge observed that under the statutory regime provided under the Juvenile Justice (Care and Protection of Children) Act, 2015, persons belonging to any religion can adopt a child. This is a special legislation. Under the regulation-making power conferred by this Act, Adoption Regulations 2022 have been issued.Justice Swaminathan then directed the registrar (birth and death) of Madurai corporation to issue birth certificates to 55 children by incorporating the details set out in the respective adoption orders forthwith without any delay.