‘Baptism register entry alone won’t validate adoption’

Kochi: HC has emphasized that a mere entry as ‘adopted' in a baptism register or certificate does not confer the legal status of adoption, ruling that only a valid adoption made following the applicable Civil Law is recognized under Canon Law.

Justice A Badharudeen's ruling came while dismissing an appeal by Mary Joseph of Alappuzha and her adopted son John George, challenging a civil court order that declared the adoption invalid and denied John any legal rights to his deceased adoptive father's property.

Mary contended that she and her husband had adopted John from a Children's Home in 1989, with full inheritance rights as a biological child. However, after her husband's death, his siblings filed a suit claiming rights to the property.

Upon reviewing the adoption records, HC noted the district court, Kottayam, had only appointed Mary and her late husband as guardians of the minor boy and directed the Children's Home to hand over custody, without granting adoption.

HC, referring to Supreme Court precedents, reiterated that only an adoption compliant with Civil Law is recognized under Canon Law. HC further stated that to establish a valid adoption, there must be concrete evidence of the formal process, including the physical act of giving and receiving the child.

According to ancient custom in the diocese, adoption is formalized by presenting the adoptive parents and the adopted child before the bishop or prelate. The adoptive parents declare their intent to adopt the child. Upon this declaration, the bishop issues an ‘Olla' (certificate), completing the adoption.tnn