High Court of Madras in a plea u/s 56 (2) of Juvenile Justice (Care and Protection of Children) Act, 2015
r/w regulation 52(4) and 55(2) of the Adoption Regulations, refused to substitute the name of the biological father
with the name of the adoptive father. The plea was filed so that the minor child can be entitled to the legal status of the
biological daughter of the adoptive father and all the rights of succession and inheritance can be vested.
The Hon’ble Court while dismissing the plea expounded that “adoption does not sever the relationship of the
minor with the biological father, the only exception being when the biological father himself renounces his right
as a father and consents for the child to be taken in adoption by the adoptive father” the hon’ble court
further observed that in such cases also the status of father (biological) doesn’t change.
Only the status of an father (adoptive), changes hands
The Hon’ble court while examining S. 15 of the Registration of Births and Deaths Act, 1969 which provides
for the circumstances in which the entry in register of births and deaths can be corrected, observed that the
original entry cannot be corrected or deleted and incorporation of new details can only be made in the margin.