Safiya Malik

The Kerala High Court has dismissed a writ petition seeking approval for the adoption of a minor child by his stepfather, citing the lack of consent from the child’s biological father. The petition was filed by the child's mother and stepfather, challenging the decision of the Child Welfare Committee, which had declined the adoption request due to the biological father's objection. Justice C.S. Dias, observed that under the Juvenile Justice (Care and Protection of Children) Act, 2015, and the Adoption Regulations, 2022, adoption by a step-parent requires the express consent of both biological parents unless specific legal conditions are met.

The petitioners, a married couple residing in Kochi, sought legal recognition of the adoption of a minor child from the mother's previous marriage. The mother, the first petitioner, had obtained a mutual divorce from the child’s biological father, the fifth respondent, through a judgment of the High Court. The divorce decree granted her permanent custody of the child, while the father retained interim custody rights. Subsequent legal proceedings before the Supreme Court affirmed the father's right to maintain contact with the child through phone calls.

Also Read: High Court Cannot Assume Adjudicatory Role": Supreme Court Overrules Premature Stay on Insolvency Case

The petitioners approached the Central Adoption Resource Agency (CARA) and the State Adoption Resource Agency (SARA) for approval of the step-parent adoption. They also sought clearance from the Child Welfare Committee (CWC), which issued a notice to the biological father seeking his consent. The father objected, leading to the rejection of the adoption request. The petitioners contended that the biological father had not exercised his parental rights since 2016 and had effectively abandoned the child. They argued that his refusal to consent should not be an obstacle to the adoption.

The fifth respondent opposed the adoption, asserting that he continued to maintain an interest in his child’s welfare. He claimed that he had attempted to maintain contact, provided financial support, and sent gifts, but the child's mother had obstructed communication. He further argued that the step-parent adoption was not legally permissible under the Hindu Adoption and Maintenance Act, 1956, as the adoptive parent was of a different religion. He also cited Section 56(2) of the Juvenile Justice Act, which mandates that adoption by a relative requires the biological parent's consent.

The court extensively examined the statutory framework governing step-parent adoption. It observed that under Regulation 55(2) of the Adoption Regulations, the consent of both biological parents is mandatory unless otherwise directed by a competent authority.

“The consent of the biological parents and the step-parent adopting the child shall be as provided in Schedule XX,” the court noted. It further stated that “if the custody of the child is under litigation, the adoption process shall be initiated only after the finalisation of the case by the Court concerned.”

The judgment observed that the Child Welfare Committee’s role in step-parent adoption is limited to certifying the consent of the biological and adoptive parents. The court held that “as per the scheme of the Act and the Regulations, the Child Welfare Committee’s jurisdiction in a step-parent adoption is limited to the certification of the consent letter and nothing more.”

The court also examined the petitioners' argument that the first respondent, the Central Adoption Resource Agency, had the authority to relax procedural requirements under Regulation 63. It rejected this contention, holding that “the first respondent is only empowered to relax any Regulation and not the provisions of the Act.” The judgment held that substantive legal requirements, such as obtaining the biological parent's consent, cannot be waived by an administrative authority.

Further, the court considered the legal consequences of adoption, noting that an adoption order irrevocably severs the child’s ties with the biological parent. Citing Section 63 of the Juvenile Justice Act, the court stated that “the moment the adoption order is passed, the child’s ties with his family of birth is displaced.” Given the legal ramifications, the court held that Regulation 55(3) is essential to prevent the circumvention of custodial rights through adoption proceedings without due process.

The High Court dismissed the petition, affirming that the biological father's consent is a statutory prerequisite for step-parent adoption unless overridden by a competent court. The judgment stated:

“As long as the biological parent does not give his consent to the adoption, the adoption by the step-parent cannot be permitted.”

Also Read: NDPS Act | Gujarat High Court Grants Bail To Man In Jail For Over 3 Years, Notes Only 2 Out Of 29 Witnesses Were Examined

The petitioners' request for the Central Adoption Resource Agency to override the requirement of the biological father’s consent was also denied. The court held that the agency does not have the authority to waive substantive statutory requirements and that any dispute regarding the biological father’s custodial rights must be resolved by a competent family court.

“The substantive and intrinsic statutory right of the fifth respondent to have custody of his child is not a matter that can be relaxed and waived by the first respondent under Regulation 63; instead, it is a matter which can only be decided by a civil court,” the court recorded.

Accordingly, the writ petition was dismissed, and the Child Welfare Committee’s decision rejecting the adoption request was upheld.

Case Title: Ammu Ajit & Another v. Central Adoption Resource Agency & Others
Neutral Citation: 2025:KER:18299
Case Number: WP(C) No. 4509 of 2025
Bench: Justice C.S. Dias

[Read/Download order]