Marriage certificate not essential, single parents can also adopt children in India: Allahabad HC observes
The Allahabad High Court allowed a Transgender person to adopt child, after a writ application which was filed by them.
The Allahabad High Court has observed that a marriage certificate isn’t an essential condition for adopting a child.
The court said even a single parent can adopt a child under the Hindu Adoption and Maintenance Act, 1956.
The court made the observation on February 9 while hearing a writ petition filed by Rina Kinnar, a transgender, and her partner. It was said in the petition that Rina was born in 1983 and they got married at Mahabeer Mandir, Ardali Bazar, Varanasi, on December 16, 2000.
Thereafter, they decided to adopt a child, however, they were told that a marriage certificate under the Hindu Marriage Act would be required for the same, and therefore, they made an online application before the Sub-Registrar, Hindu Marriage, District Varanasi in December 2021.
However, their marriage could not be registered due to the fact that petitioner No 1 was a transgender person. Therefore, they moved the High Court, seeking direction to the Sub-Registrar to register their marriage, so that they can adopt a child.
