Karnataka High Court Allows Adoption Of Minor Child By Mother And Step-Father After Biological Father Fails To Take Definitive Stance

The Karnataka High Court has allowed adoption of a minor child by mother and step-father after the biological father failed to take a definitive stance on the issue in the Court, construing it as his approval.

The Court was considering a Writ Petition seeking direction to the Central Adoption Resource Agency to allow the mother to adopt her minor child.

The single judge bench of Justice BM Shyam Prasad observed, "...this Court is also of the view that if the inference is not drawn with the fifth respondent not taking a stand despite opportunity, the minor, who is keen to go in adoption with the petitioners with whom he is living, could lose the advantage of belonging to the family completely with all consequences that would be."

The Petitioner was represented by Advocate Sharanadeep while the Respondent was represented by Additional Solicitor General Arvind Kamath.

Facts of the Case

The Amicus Curiae in the matter pointed out that the Petitioner-Mother who re-married after her divorce, along with the minor, have completed all the formalities for taking the minor in adoption but for the completion of the process with the decision by the Agencies, she will have to ensure that the father’s consent is uploaded. 

Additional Solicitor General supported the insistence on the consent of the biological father emphasizing the deleterious effect that there could be if there is any dilution in this requirement.

Both of them, however stated that if the biological father of the minor - has given up his claim to even visit the minor child ever, the Court could draw an inference in favour of the consent.

Reasoning By Court

The Court mentioned that the Counsel for the Respondent-biological father has categorical stated that his client would not like to take a definite stand on whether the Petitioner must take the minor in adoption.

"As emphasized by both Sri.Vikram Huilgol and Sri.Arvind Kamath, the refusal to take a stand in the circumstances of the case, must justify an inference in favour of the minor being taken in adoption because the fifth respondent has not come forward to extend justifiable reasons to deny the benefit of adoption not just to the petitioner but also to the minor whose interest must be paramount", the Court ruled.

The Petition was accordingly allowed.

Cause Title: Smt. Arundhathi vs. Central Adoption Resource Agency (2025:KHC:32957)

Appearances:

Petitioner- Advocate Sharanadeep

Respondents- Additional Solicitor General Arvind Kamath, Central Government Counsel Anupama Hegde, Additional Government Advocate Rahul Cariappa, Advocate Saravana S., Senior Advocate Vikram Huilgol (Amicus Curiae)

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