In a significant ruling, the Kerala High Court has dismissed a writ petition seeking relaxation of adoption regulations for a step-parent adoption without the consent of the biological father. Justice C.S. Dias, delivering the verdict in WP(C) No. 4509 of 2025 (Ammu Ajit v. Central Adoption Resource Agency), held that the consent of the biological parent is an essential prerequisite for step-parent adoption and cannot be waived under the Adoption Regulations, 2022.
Background of the Case
The petition was filed by Ammu Ajit, a 43-year-old resident of Kochi, and her current husband Santhosh R.V., seeking to adopt the child from Ammu’s previous marriage. The biological father, Prem Chander, opposed the adoption, leading to the rejection of their application by the Child Welfare Committee (CWC). The petitioners challenged this rejection, seeking a direction to relax the regulatory requirements under Regulation 63 of the Adoption Regulations, 2022.
The couple argued that the biological father had abandoned his parental duties and had no contact with the child since 2016. They further highlighted that Prem Chander was facing criminal charges in the United Kingdom and India, making it unsafe for the child to have any association with him. The petitioners contended that, in the best interest of the child, the consent requirement should be relaxed.
Legal Issues Involved
The case primarily revolved around the following legal questions:
Whether the consent of a biological parent can be waived under Regulation 63 of the Adoption Regulations, 2022?
Whether step-parent adoption can proceed when custody rights of the biological parent are under litigation?
The jurisdiction of the Child Welfare Committee in certifying adoption applications.
Justice Dias examined the relevant provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) and the Adoption Regulations, 2022 to determine whether a step-parent adoption could proceed in the absence of consent from the biological father.
Court’s Observations and Judgment
The court made crucial observations regarding the legal framework of adoption in India. Justice Dias noted:
“Once an adoption order is passed, the child is irrevocably and permanently severed from the biological parent and becomes the lawful child of the adoptive parent with all rights, privileges, and responsibilities attached to a biological child.”
The court further emphasized that the Adoption Regulations, 2022 require both biological parents’ consent unless the biological parent has been declared unfit by a competent court. Since the custody rights of the biological father were established in previous judgments (Ext. P1 and Ext. P6), and he had actively opposed the adoption (Ext. R5(c)), the petitioners could not bypass this requirement.
On the argument of relaxing adoption regulations, the court ruled:
“Regulation 63 empowers the authority to relax procedural requirements, but it does not confer the power to waive substantive rights of a biological parent.”
Additionally, the court pointed out that under Regulation 55(3), if custody rights of a child are under litigation, adoption proceedings cannot commence until the litigation is resolved. The biological father had not relinquished his custody rights, making the petitioners’ request legally untenable.
Final Verdict
Dismissing the petition, the High Court upheld the Child Welfare Committee’s decision and held that:
Step-parent adoption cannot proceed without the biological father’s consent unless there is a judicial declaration stripping him of parental rights.
The petitioners must approach the Family Court to revoke the father’s custodial rights before seeking adoption.
The Central Adoption Resource Agency (CARA) does not have the authority to relax substantive provisions of the law, including the mandatory consent requirement.
