Aastha Thakur
Published on: 27 July 2022 at 21:31 IST
Recently the Punjab and Haryana High Court held that a biological mother can also be an “adoptive mother”. The decision was given in a plea filed by woman for adopting her daughter from her first marriage, after she get married for the second time.
The petitioner got divorced vide judgement and decree dated April 25. 2016 passed by Sonepat District Judge (Family Court). Thereafter, she entered into second marriage in September 2017. The couple then filed for the adoption of 7-year old petitioner biological daughter from first marriage under the provisions of the Juvenile Justice (Care and Protection of Children) Act for the seven-year-old girl’s adoption. The daughter consented to stay with the biological mother and her second husband was placed on record during case proceedings.
However, the Bhiwani Family Court rejected the application on the ground that a biological mother cannot become a mother in “dual status” — a biological mother as well as adoptive mother.
The Court referred a notification dated January 1, 2017, issued by the Ministry of Women and Child Development, where the certain guidelines had been framed for the adoption of children. The Bench of Justice Ritu Bahri and Justice Ashok Kumar Verma stated:
“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 allowed the plea and give the nod as all required documents had been attached with the application. Further the Court observed that. “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.