Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ANIRUDDHA P.MAYEE
Patel Jigarkumar Jayantilal – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
ANIRUDDHA P. MAYEE, J.
1. Rule returnable forthwith. Learned advocate Mr. Kushal Desai waives service of notice on behalf of respondent No.2 and learned AGP waives service of notice on behalf of respondent No.1.
2. This petition is filed under Article 226 of the Constitution of India in which the petitioners have prayed for the following relief(s):-
“A. This Hon'ble Court may be pleased to admit and allow the petition;
B. This Hon'ble Court may be direct the respondent no. 2 to carry out the corrections / amendment (reproduced in para no. 3.9 of this petition) as per the applications dated 10.02.2026 (Annexure D & Annexure E) read with registered Adoption Deed dated 23.01.2026 (Annexure - C) in the birth certificate (Annexure A) of daughter "Khanak" and accordingly, issue the corrected fresh birth certificate of daughter "Khanak" containing details of the petitioners as per the applications dated 10.02.2026 (Annexure D & Annexure E) read with registered Adoption Deed dated 23.01.2026 (Annexure - C);
C. Pending admission, hearing and final disposal of this petition, this Hon'ble Court may be pleased to direct the respondent No.2 to decide the application dated 10.02.2026 of the pe
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 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 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 ....
The respondent authority has the power to make corrections in the birth certificate under Section 15 of the Registration of Births and Deaths Act, 1969 read with Rule 11 of the Gujarat Registration o....
Registration of adoption deed is not mandatory for obtaining a birth certificate under the Hindu Adoption and Maintenance Act; the authorities cannot impose such a requirement without legal basis.
The court affirmed that a valid Adoption Deed creates a presumption of compliance with adoption laws, necessitating the respondent-Board to consider applications for changing recorded parentage.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
