Biological mother can be 'adoptive mother': Punjab and Haryana High Court

The Punjab and Haryana High Court has ruled that a biological mother can also be an “adoptive mother”. The ruling came in a case where a woman’s plea for adopting her daughter from her first marriage, after she tied the knot again, was dismissed by a Bhiwani family court.

During the course of hearing, the Bench of Justice Ritu Bahri and Justice Ashok Kumar Verma was told that the biological parents got a divorce vide judgment and decree dated April 25, 2016, passed by Sonepat District Judge (Family Court).

Thereafter, the mother solemnised the second marriage in September 2017. The two then filed the application under the provisions of the Juvenile Justice (Care and Protection of Children) Act for the seven-year-old girl’s adoption.

Along with the application and other documents, permission/consent by the biological parents for surrendering the minor’s custody to the step-parent, duly allowed and “stamped by the seal” of the Bhiwani Child Welfare Committee, was placed on record.

The minor’s consent that she wanted to stay with the biological mother and her second husband was also placed on record. But the application was rejected on the ground that a biological mother cannot become a mother in “dual status” — a biological mother as well as adoptive mother.

Referring to a notification dated January 1, 2017, issued by the Ministry of Women and Child Development, the Bench observed certain guidelines had been framed for the adoption of children. “As per sub-clause (1) of Regulation 52 of the notification, the couple, which includes step-parents and one of the biological parents, shall register on the Child Adoption Resource Information and Guidance System with the required documents. Hence, for all intents and purposes, one biological parent can give a child in adoption to the stepparents out of which one of them can be a biological father or biological mother,” the Bench added.

Allowing the plea, the Bench asserted that all required documents had been attached with the application. Their application could not be dismissed merely on the ground that “a biological mother cannot become a mother in dual status i.e. a biological mother as well as adoptive mother”. Allowing the petition, the Bench set aside the impugned order passed by the family court.

What the court said

All required documents have been attached with the application. Their application cannot be dismissed merely on the ground that a biological mother cannot become a mother in dual status, i.e. a biological mother as well as adoptive mother.

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