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‘Biological father name can’t be substituted’

Just because a biological father is no more it does not mean that he has severed his ties with his child, the Madras High Court observed while refusing to permit the substitution of the name of a biological father with that of the adopted father in the birth certificate of a minor child.

‘Biological father name can’t be substituted’
Madras High Court


Justice PT Asha made the observation on a plea moved by the adopted father and the biological mother of the minor child seeking to appoint the former as the father of the female child, entitling her to all inheritance rights, and direct the authorities to modify the birth certificate by replacing the name of the biological father with that of the adopted father.

However, Justice Asha on granting the first limb of the prayer said: “The request by the petitioners to delete the name of the biological/natural father from the original birth certificate is legally not sustainable particularly when the rules clearly provide for incorporating the name of the adoptive parents separately in column 7 and 8 as adoptive parents and not as the natural parents.”

Further, on noting that on the day the birth certificate was issued by the authorities the said biological father of the child was alive, Justice Asha said: “The adoption does not sever the relationship of the minor with her biological father. The only exception being when the biological father himself renounces his right as father of the minor and consents for the child to be taken in adoption by the adoptive father. Even in such cases, it is my view that the status of being the biological father does not change. It is only the status of an adoptive father, custody and maintenance of the minor that changes hands.”

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