Shivani Thakur
Published on: June 26, 2022 at 13:00 IST
When there is no objection to the applicant’s adoption deed, the Gujarat High Court reaffirmed that a Registrar is required by the Births and Deaths Registration Act (the Act) to issue the certificate in the name of the adopted father.
When hearing a mother’s appeal to have her second husband’s name added to her daughter’s birth certificate, the Bench of Justice AS Supehia made this observation.
The woman had remarried, and an adoption deed had been signed in the second husband’s favour. The woman had given birth to a daughter during the first marriage.
The woman went to the responding authority to request the issuance of a certificate in the name of the adoptive father, but she was turned down on the grounds that the authority had no record of her request and instead issued an inoperable certificate.
She approached the High Court, claiming that under Section 15 of the Act, the respondent authority has the ability to modify the certificate.
The Court also noted that instead of issuing a fresh certificate, the respondent issued an inaccessible certificate.
The Court also referred to Section 15 of the Act and said that the Registrar can correct an entry that is already made in the Birth Register.
The Court directed the Registrar to change the name of the father to that of the adoptive father and to issue a fresh birth certificate within three months.