Karnataka HC infers consent of biological father in minor’s adoption case

Bengaluru, Sep 22 (PTI) The Karnataka High Court has ruled that the silence of a biological father, who refused to take a clear stand on the adoption of his minor son, can be interpreted as implied consent

for the process.

The ruling stems from a case where a divorced mother, who had remarried, approached the Central Adoption Resource Authority (CARA) to formally adopt her 16-year-old son along with her present husband.

The State Adoption Resource Agency, however, insisted that she obtain a written consent from the biological father.

At the time of divorce, a family court had granted permanent custody and guardianship of the child to the mother, recording that the father relinquished all rights to custody and visitation. Despite this, the adoption process stalled due to the consent requirement.

When the matter reached the High Court, the father’s counsel said he “would not like to take a definite stand” on whether the adoption could proceed.

Senior Advocate Vikram Huilgol, serving as amicus curiae, and Additional Solicitor General Aravind Kamath for CARA, argued that such refusal to clarify should be read as implied consent, particularly since the father had no valid reason to oppose the adoption and the welfare of the child was paramount.

Concurring with the submissions, Justice B M Shyam Prasad observed that failing to draw an inference of consent would deprive the boy—who wished to be adopted by his mother and stepfather—of the full benefits of belonging to a family. The court therefore held that the father’s silence amounted to consent.

The court directed the State Adoption Resource Agency and the District Child Protection Unit to complete the adoption process, and allowed the petitioners to use the High Court’s order as proof of the biological father’s consent. PTI COR KSU ROH