Karnataka High Court Infers Consent of Biological Father in Adoption Case

Court Advances Adoption Process Despite Father's Refusal to Take a Stand

In a significant ruling by the Karnataka High Court, the court has inferred consent from the biological father in the adoption case involving Master Ruchir Sai, a minor. The judgment was delivered in response to a writ petition filed by Smt Arundhathi and others, who were seeking to adopt the minor child. The Central Adoption Resource Agency (CARA) had insisted on obtaining explicit consent from the biological father, which had stalled the adoption process.

Presiding Judge, Mr. B M Shyam Prasad, emphasized that the refusal of the biological father to take a definitive stand despite being given multiple opportunities justified an inference of consent. The court highlighted the paramount interest of the minor and the absence of justifiable reasons for the denial of adoption as key factors influencing its decision.

The court was informed of the settlement between the biological parents, where the biological father had given up his rights to visitation or custody of the minor, thus reinforcing the inference of consent. The case saw active participation from senior legal experts, including Sri Vikram Huilgol, who acted as Amicus Curiae.

The judgment directs the relevant authorities to complete the adoption process based on this inferred consent, thereby ensuring the minor's integration into the petitioners' family. The court noted the importance of this decision in safeguarding the minor's future and enabling him to fully belong to his adoptive family.

The ruling sets a precedent for similar cases where a biological parent's refusal to take a stand does not necessarily obstruct the adoption process, especially when it is in the best interest of the child.

Bottom Line:

Adoption - Consent of the biological father - Inference of consent can be drawn by the court if the biological father refuses to take a stand despite being given an opportunity and does not provide justifiable reasons for denying the adoption. 

Statutory provision(s): Hindu Adoptions and Maintenance Act, 1956

Smt Arundhathi v. Central Adoption Resource Agency, (Karnataka) : Law Finder Doc Id # 2782275