Does adoption require a marriage certificate?

When two people love each other and they want to spend their lives together then they have two options – marriage or live in a relationship. In Indian culture, arranged marriage is still prevalent. But no matter, whether marriage is arranged or love, marriage is a wedlock and needs dedication, patience and a lot more to make it work.

But what if wedlock becomes deadlock? Then it’s obvious to be apart from each other?

Do you need to have a certificate of marriage to prove that you can be a good mother or father?

Or what if your marriage is not registered then aren’t you going to adopt a child?

 

In Rina Kinnar and anr v. State of U.P. and anr (2022 LiveLaw (AB) 55)

 

The petitioner no. 1 is a Transgender and petitioner no. 2 is a boy who solemnized their marriage in the year 2000. They decided to adopt a child. So, they were informed that they needed a marriage certificate.

Thereafter, they filed an online application (03.12. 21)for a marriage certificate before the sub registrar, Hindu Marriage, District Varanasi, UP.

But the Sub registrar didn’t register marriage due to the fact that petitioner no. 1 is a Transgender.

The Petitioners moved the Court seeking direction to provide a marriage certificate so that they can adopt a child.

 

The court held that the marriage certificate is sine qua non (not necessary) for adopting a child. They directed the sub registrar to register their marriage and also state Section 7 (capacity of a male to adopt child and Section 8 (capacity of a female to.adopt a child) of Hindu Adoption and Maintenance Act, 1956.

After which, it was crystal clear that a couple or male or female can adopt a child without marriage or marriage certificate under Hindu Adoption and Maintenance Act, 1956

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