Registered adoption negates need for biological parent's consent for birth certificate amendments; presumption of adoption established by law must be respected.

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 petitioners.

D. Any other and further relief or reliefs which this Hon’ble Court deems fit in the interest of justice and equity in favour of the petitioners.”

3. Heard learned advocate for the petitioners.

4. Brief facts of the case are as under:-

4.1. The petitioners are the husband and wife and the marriage between the petitioners was solemnized on 24.01.2013. Petitioner no.1 is a Government Servant and is working as Deputy Executive Engineer at Irrigation Department of Gujarat. The petitioner no.2 is a Doctor by profession and has done BHMS.

4.2 It is the case of the petitioners that though more than 13 years of marriage life of the petitioners have passed, there is no child born out of their wedlock. Therefore, the petitioners have decided to adopt a child.

4.3 One couple Mr. Lalitbhai Ranchhodbhai Kori and Mrs. Poojaben Lalitbhai Kori are friends and known to the petitioners. The said couple was already having one son and two daughters out of their wedlock. The petitioners were not having any child and having emotions, feelings and friendly relations with the biological parents i.e., Mr. Lalitbhai Ranchhodbhai Kori and Mrs. Poojaben Lalitbhai Kori, the petitioners have shown the willingness to adopt the younger daughter namely "Khanak" from them and whereas the biological parents of "Khanak" Mr. Lalitbhai Ranchhodbhai Kori and Mrs. Poojaben Lalitbhai Kori with customs/rituals have willingly and happily given by way of adoption of their daughter "Khanak" to the petitioners.

4.4 As per the requirement of law, the adoption deed dated 23.01.2026 came to be executed between the petitioners being adoptive parents and the biological parents of daughter "Khanak". The adoption deed is registered bearing Registration No.197/2026 before the Sub Registrar, Unjha, Mehsana.

4.5 The petitioner No.1 - father made an application dated 10.02.2026 before the respondent No. 2 for amending /correcting the details of birth certificate no. B202624900550000030 issued by the respondent no. 2 in view of the registered adoption deed dated 23.01.2026. The petitioners have sought corrections/amendments of full name of minor daughter "Khanak", name of the father and mother, addresses/permanent addresses of the father and mother and Aadhar Card number of father and mother in birth certificate of their daughter "Khanak" as envisaged in the application form. The corrections in the birth certificate are to be carried out as per the adoption