vded 14 July 2015

Obtaining birth certificate for adopted child

Dear Sir

We adopted a 15 day babygirl from a relatives friend and followed the following procedure

a) dattak ceremony on 15th day.

b) adoption deed registered within 30 days.

c) then filed petition in the city civil court and obtained order in approx. 9 months.

d) approached Municipal Corporation (Mumbai) for Birth Certificate with the adoption deed and the Court order copy.

The BMC refused the Birth Certificate with the reason that ......

The order given by court says the word 'Birth certicate be issued' and they want it 'Birth certificate be re-issued'. I repeat 're-issued' in place of 'issued'.

My contention is that we had never earlier taken any birth certificate in either the biological fathers name and also mentioned the same in the petition filed in the court.

The BMC says that whether we had taken the birth certificate earlier or not (is not there concern). Presently it has already been issued in the name of the biological father and it will have to be re-issued in the name of the adopting father mother. Hence the word 're-issue'.

I want to know - what will be the correct way forward.

As an adopting father - I dont understand what is my fault and how this will affect anyone ? Am I doing anything wrong ? How does a common man handle these kind of admin issues ?

Request learned ones - kindly guide and put a light on this. Will be very helpful.

Thanks

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2 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 14 July 2015

1. Birth Certificate shall permanently have the "biological" father /mother's name. This cannot be changed, even by a court of law.

2. The adopted parents (father /mother) can never be the biological father, hence the adopted parents names can NEVER be mentioned in the birth certificate.

3. However, "anybody" can apply and procure copies of birth certificate

4. To lawfully prove the current status of the parents, the court's order on the "adoption deed" is conclusive evidence for all future purposes.

Keep Smiling .... Hemant Agarwal
READ ARTICLES ON: https://hemantagarwal21.blogspot.in/?view=sidebar

EB 01 March 2017

Adoptive parents can take Birth Certificate on their names as parents' name

Same is clearly mentioned in Central Adoption Resource Authority's website. Which is produced below. In above case if you have registered adoption deed and Court order with other supporting document such as ID proofs then BMC can't deny. Ask them to provide it in writing. Above case just seems to milk some money.

CARA: https://www.cara.nic.in/InnerContent.aspx?Id=274#Birth%20Certificate%20Issuing%20Authority

Birth Certificate Issuing Authority

CHAPTER VI

FUNCTIONS OF GOVERNMENT ORGANISATIONS AND AUTHORITY

36. Birth certificate issuing authority.- The local registrar notified under the Registration of Births and Deaths Act, 1969 (18 of 1969) shall issue birth certificate within five working days in favour of an adopted child on an application filed by the Specialised Adoption Agency or adoptive parents, incorporating the names of the adoptive parents as parents and the date of birth of the child as mentioned in the adoption order of the court, in accordance with circulars issued from time to time by the Registrar General of India.