The biological father's consent is not required for the adoption of a child born from sexual assault when the mother is a minor, prioritizing the child's welfare and the mother's status as the natural guardian.

Judgment

Mr. Vinod S. Bhardwaj, J.

Prayer made in the present petition is for seeking quashing of Memo No.DC/SR/2021/1458 dated 19.10.2021 (Annexure P-6) whereby respondent No.3- Sub-Registrar of Documents, Chandigarh directed the petitioners to approach a competent Court on the representation dated 16.08.2021 submitted by the petitioners and has not registered the Adoption Deed dated 07.06.2021 (Annexure P-4) presented before him.

2. Learned counsel for the petitioners contends that the petitioner No.3 was subjected to rape by respondent No.4 in the month of May 2020 when she was 13 years of age. The said respondent No.4 had threatened to kill the petitioner No.3 (minor) if she informed anyone about the rape. Being under fear, she could not tell about the said incident to anyone. There was, however, a constant pain in her abdomen, for which she was taken to PGI by her parents, where it was informed that she was pregnant as an outcome of rape committed upon her. On being questioned, petitioner No.3 informed her parents that she was subjected to rape by respondent No.4 and about the threat. Immediate action was taken and the matter was reported to the police, whereupon FIR No.06 dated 14.01.2021 was registered at Police Station Sector 19, Chandigarh against respondent No.4 for the commission of offence under Section 376(3) and 506 of IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012. The said case has now culminated into a judgment of conviction against respondent No.4 and sentenced to undergo 20 years.

3. Since the knowledge with regard to the pregnancy was acquired only at the final stage, it was deemed medically unsafe for petitioner No.3 to terminate the consequential pregnancy. A baby girl was born to petitioner No.3 on 02.03.2021 who is named as (Rxxxx-name concealed). Since the mother is herself a minor and is not in a capacity to take care of the child at such a tender age and even otherwise, the said child would have not only been stigmatic for her future prospects but also a constant reminder of the physical assault and outrage of modesty committed upon her. It would have not only caused huge social incarceration and emotional stress on the petitioner No. 3 but would also require huge financial drain on their limited fiscal resources. The same would not have served good for her well being, her development and for her future growth, prospects, career and life. Hence, with the consent of her parents (petitioners No.1 and 2), the petitioner No.3 decided to give her child in adoption.

4. The petitioners No.4 and 5 are married since 1997 and have one son named Jagtar Singh aged 11 years at the time of filing of the case. He is suffering from a genetic disorder of ‘spinal muscular atrophy’ and they also have one daughter namely ‘Mehar’ who was born on 19.11.2021 through the process of surrogacy. The genetic disorder of spinal muscular atrophy leads to an impaired central nervous system and limited cognitive ability. Further, on account of the fetal DNA of the petitioner No.4 having certain abnormalities, it makes it highly likely that fetus of petitioner No.5 is also affected with spinal muscular atrophy and that any biological child born to them is likely to suffer from the aforesaid disease. A copy of the said DNA Analysis Report has been attached as (Annexure P-1). The abovesaid petitioners No.4 and 5 had two children earlier i.e. one girl child namely Simrat and one boy namely Gurnoor, who were suffering from genetic disorder of ‘spinal muscular atrophy’. The girl child passed away due to severe pneumonia leading to respiratory failure on 21.12.2005 before attaining the age of 7 years and son Gurnoor also passed away due to cardiac arrest on 20.09.2013 before attaining the age of 12 years. Copies of the death certificates have also been attached with the present petition. Despite the child being conceived through surrogacy, she is likely to inherit the DNA disorders and the chances of her surviva