By : Jaisree N.
Asst. Prof., School of Law, Presidency University
- Adoption : Registration and Issue of Birth Certificate
The RBD Act, 1969 is silent on this aspect. However, the salient features of guidelines issued by Government of India are briefed below:
Guidelines to orphanages, child welfare agencies etc.
- i) An application is to be made by the agency to the local Magistrate along with any other relevant material in form of an affidavit made by responsible person belonging to the agency.
- ii) The Magistrate is to pass an order approving the particulars to be entered in the birth certificate and same is to be issued by the registrar of the area where the child was found.
iii) The Chief Medical Officer of the district is to be involved in ascertaining the age and the Magistrate would ordinarily act on the certificate granted by him.
- iv) Normally, the process should be initiated before the adoption is finalized, so that the particulars of adoptive parents are available for inclusion in the certificate.
- v) If the child has attained three years of age and adoption has not been finalized, the agency is to obtain a birth certificate, if found necessary, after informing the court in the form of an affidavit giving the following details:
(a) that to the best of its knowledge the child has attained the age of three years.
(b) That his/her adoption has not been finalized and is likely to take some time or may never be finalized in all probability;
(c) That a certificate is required for educational/medical/legal purposes or any other reasonable purpose which may be specified; and
(d) That person/persons would stand in as local parents to the child (this person/these persons should be a responsible person/responsible persons belonging to the placement agency) till such time as he/she attains majority, or is adopted, whichever is earlier.
Issue of Second Birth Certificate on Adoption (Institutional)
A second birth certificate is to be issued after adoption to provide for a change in name/names of the child and the adoptive parent/parents after obtaining an order to that effect from the court, which had passed order for issuing the original birth certificate.
Issue of Birth Certificate on Adoption (Non- Institutional)
A large number of adoptions do take place outside these institutional arrangements, for example children taken on adoption from relatives for friends. In such cases, it would be sufficient if the Magistrate having jurisdiction over the area passes an order approving the particulars of the adoptive parents to be entered/altered in the birth register/certificate and also pass an order for issuing a second birth certificate. If in case, the birth has not been registered till the time of adoption the Magistrate passing the order has to determine the exact date of birth, which he can do on the basis of relevant proof or declaration from the natural parents and in their absence, on the basis of the certificate granted by the Chief Medical Officer.
The Registrar, as he does in case of other court order, has to make an entry in the `remarks’ column giving details of the court order (including date) while entering or correcting as per the particulars approved by the Magistrate.
- Case of Missing Persons and Registration of Death
The RBD Act and Rules are silent on the question of determination of date and place of death of a missing person; therefore the date determined by the Court in a declaratory suit, as may be filed for this purpose can be relied upon.