Ahmedabad Court rejects plea to replace parents' names in man's birth certificate

A City Civil and Sessions Court in Ahmedabad has dismissed a petition filed by a couple seeking to amend the birth certificate of a 38-year-old man by replacing the names of his biological parents with their own, citing lack of evidence of valid adoption and procedural flaws.

The plaintiffs, who claimed to be the adoptive parents of a man (born in 1987), argued that the biological parents — the defendants and the man's natural mother and father — had given him to them to raise since the plaintiffs didn't have children. The defendant biological father had passed away in 2003. The adoptive parents added that they had arranged the man's marriage, though their names were not included in the wedding invitation.

However, the court observed significant gaps in the petitioners' case. Key details, including the exact year and circumstances of the alleged adoption, were not placed on record. During cross-examination, the plaintiff and three witnesses admitted they did not know when the adoption took place or whether it was ever registered.

The court noted that the suit appeared motivated by the desire to help the man secure a government job, particularly as the plaintiff's husband is blind and worked in a corporation.

Critically, the court highlighted that the man, was not made a party to the petition. It ruled that no changes to his birth certificate could be approved without hearing him, given his majority status and vested interest in preserving his identity.

The judgment also referenced Section 10(4) of the Hindu Adoptions and Maintenance Act, 1956, which generally prohibits the adoption of a child over 15 years of age unless permitted by established custom. The court found no evidence of any such custom or valid adoption process. ‎