Ahmedabad

Gujarat HC Orders AMC To Replace Biological Father’s Name With Adoptive Father’s Name In Birth Certificate

By GS Team
3 Oct 20263 mins read
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Gujarat High Court directs Ahmedabad Municipal Corporation to update a man's birth records, replacing his biological father's name with his adoptive father's. The court emphasized that a validly registered adoption deed cannot be disregarded. This ruling, aligned with previous judgments, reinforces the legal effect of registered adoptions on official documents, ensuring corrected birth certificates are issued within two months after verifying the deed.

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Gujarat HC Orders AMC To Replace Biological Father’s Name With Adoptive Father’s Name In Birth Certificate
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The Gujarat High Court has directed the Ahmedabad Municipal Corporation (AMC) to update a man's birth records by replacing his biological father's name with that of his adoptive father, holding that a validly registered adoption deed cannot be disregarded by the municipal authorities.

The court directed the Registrar of Births and Deaths to issue a corrected birth certificate after verifying the registered adoption deed. The order is in line with earlier Gujarat High Court rulings that recognise the legal effect of registered adoption deeds for correction of birth records.

Born In Ahmedabad, Legally Adopted As A Minor

The petitioner was born in Ahmedabad on November 28, 2001.

While he was still a minor, he was given in adoption to a relative on February 19, 2015, under a registered Adoption Deed executed in accordance with the Hindu Adoptions and Maintenance Act, 1956.

The petitioner subsequently sought replacement of his biological father's name, Haribhai Dhulabhai Vaghela, with the name of his adoptive father, Rameshbhai Nathalal Vaghela, in his birth records.

Following the adoption, his updated middle name and father's name were incorporated into several official and educational documents, including his School Leaving Certificate, PAN Card and Election Photo Identity Card.

However, his birth record continued to carry the biological father's name.

AMC Did Not Act On Representation

The petitioner submitted a written representation to the civic authority on July 27, 2026, seeking correction of his birth record.

Despite the representation, the necessary change was not made, prompting him to approach the Gujarat High Court.

The issue before the court was whether the Registrar could update the father's name in the birth record on the basis of a valid registered adoption deed.

Court Points To Statutory Presumption

The High Court referred to Section 16 of the Hindu Adoptions and Maintenance Act, 1956, under which a registered document recording an adoption carries a statutory presumption in favour of the validity of the adoption, unless proved otherwise.

The court also relied on the legal position developed in earlier Gujarat High Court decisions concerning corrections to birth records following adoption. Those rulings hold that the Registrar, after verifying that the adoption deed is validly registered, can make the necessary changes under Section 15 of the Registration of Births and Deaths Act, 1969, read with the applicable rules.

Biological Father's Consent Not Required

The High Court also clarified that the consent or opinion of the biological father is not required merely for incorporating the adoptive father's name in the birth record after a lawful adoption has been registered.

In an earlier ruling, the court had held that the Registrar's role is to verify the registered adoption deed and, if it is found valid, make the necessary correction in the birth records. It had also specifically held that the biological father's consent need not be sought for such a correction.

AMC Given Two Months To Issue Corrected Certificate

The High Court directed the AMC Registrar of Births and Deaths to carry out the required correction and issue the revised birth certificate within two months.

The ruling reinforces the legal position that municipal birth records must be brought in line with a valid registered adoption once the requisite documents are verified.

Earlier Gujarat High Court cases have similarly directed registration authorities to make changes in birth records based on registered adoption deeds.