Allahabad High Court: Marriage certificate not mandatory for adopting a child

After a writ petition filed by Rina Kinnar for the adoption of a child, the Allahabad High Court on February 9, recognised the law stated under Section 7 and 8 of the Hindu Act and observed the capacity of an individual to adopt a child. The verdict came in after Rina Kinnar and her partner were denied adoption on grounds of not being able to present a marriage certificate in Varanasi.

Allahabad HC order

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Rina and her partner had solemnized their marriage at Mahabeer Mandir, Ardali Bazar, Varanasi back in December 2000. When the couple decided to adopt a child, they were denied on grounds that they would require a marriage certificate under the Hindu Marriage Act.

In a bid to protect such individualistic rights, the HC bench headed by Justice Kaushal Jayendra Thaker and Justice Vivek Varma passed the verdict, directing the Registrar's office to pass a detailed order on online application filed by the petitioner dated December 3, 2021. This move has made it clear that a marriage certificate is not necessary for adopting a child and has also opened gates for individuals looking or trying to understand the terms and conditions for adoption.