Case Title: Sanjeet Kumar and another v. Manjeet KumarBench: Justices Ritu Bahri and Ashok Kumar VermaCitation: FAO-3546-2021 (O&M)
Punjab and Haryana HC
Recently, the Punjab and Haryana HC ruled that one biological parent can give adoption to the step-parents out of which one of them can be a biological father or biological mother.
The bench of Justices Ritu Bahri and Ashok Kumar Verma stated that “application for adoption of a child cannot be dismissed merely on the ground that a biological mother cannot become a mother in dual status i.e., a biological mother as well as an adoptive mother.”In this case, Manjeet Kumar (Respondent) was married to Renu (appellant No. 2) and a child was born. Later on, Manjeet Kumar and Renu got a divorce. Thereafter, Renu, solemnized her second marriage with Sanjeet Kumar (appellant No. 1). Both Sanjeet Kumar and Renu, filed an application under Section 56 of the Act read with Regulations 52(4) and 55(2) of the Adoption Regulations, for the adoption of a child, aged about 7 years daughter of Manjeet Kumar.High Court looked into the guidelines framed for the adoption of a child by the Ministry of Women and Child Development. As per, as per sub-clause (1) of Regulation 52, the couple which includes step-parents and one of the biological parents shall register in Child Adoption Resource Information and Guidance System with the required documents as mentioned in Schedule VI.High Court stated that “for all intents and purposes one biological parent can give adoption to the stepparents out of which one of them can be a biological father or biological mother. In the present case, all the required documents as per Schedule XX have been attached with the application and their application cannot be dismissed merely, on the ground that a biological mother cannot become a mother in dual status i.e., a biological mother as well as an adoptive mother.”High Court observed that as per Regulation 55, the definition of an adoptive parent has clearly been given in sub-clause (2) and Regulation 52 (1) includes the biological parent to be an adoptive parent.In view of the above, High Court allowed the appeal and set aside the impugned order.