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HIGH COURT OF GUJARAT
MR. JUSTICE ANIRUDDHA P. MAYEE, J
RAVINDRA GHANSHYAMBHAI PATEL S/O GHANSHYAMBHAI PATEL – Appellant
Versus
THE STATE OF GUJARAT – Respondent
ORDER :
(ANIRUDDHA P. MAYEE, J.)
1. By the present petition under Article 226 of the Constitution of India, the petitioner prays that the respondent No.3 authority may be directed to change the name of the parents in the birth certificate of Tasya dated 25.7.2023 from his biological parents i.e. Kapilbhai Ramanbhai Patel (father) and Shardaben Kapilbhai Patel (mother) to Ravindra Ghanshyambhai Patel (father) and Pashvi Ravindra Patel (mother) and to issue fresh birth certificate to that effect to the petitioner.
2. Learned counsel for the petitioner submits that by catena of decisions of this Court, the said issue is now covered and registered adoption deed is held to be a valid document for issuance of birth certificate.
3. The Coordinate Bench of this Court in the case of Ishit Baljinder Singh Brar through his guardian vs. Regional Passport Authority, in Special Civil Application No.385 of 2016, in paras 7 to 10, has observed as under:
“7. More over, the record which is produced in this petition also goes to show that as per the deed of dissolution of marriage or deed of divorce it was agreed between Ashokbhai and Alkaben that the custody of the daughter who is petitioner herein is to
A registered adoption deed is a valid document for changing parental names on a birth certificate, and it carries a legal presumption of compliance with the Hindu Adoptions and Maintenance Act, 1956.
The court affirmed the necessity to update a birth certificate post-adoption to reflect the legal name, emphasizing the authority's power to correct such records under the Registration of Births and ....
Registered adoption negates need for biological parent's consent for birth certificate amendments; presumption of adoption established by law must be respected.
The validity of an adoption deed under the Hindu Adoptions and Maintenance Act, 1956, and the applicability of circulars issued by the Government of India, Ministry of Home Affairs in changing the fa....
The court affirmed that a birth certificate must be amended to reflect the adoptive father's name post-adoption, recognizing the high evidentiary value of registered documents.
The Court affirmed that a valid adoption under Hindu law does not require mandatory registration, and while biological parents' names cannot be deleted from birth certificates, adoptive parents' name....
The presumption of valid adoption under Section 16 of the Hindu Adoptions and Maintenance Act, 1956 applies unless disproved, and the Registrar has the power to correct birth certificate entries unde....
The court upheld the necessity of filing online applications for amendments to legal documents, emphasizing expedited processing upon correct submission as per government policy.
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