Grandparents May Execute Adoption Deed on Behalf of Unmarried Daughter With Her Consent: Madras High Court

The Madras High Court held that grandparents can validly execute an adoption deed on behalf of their unmarried daughter, provided she has consented to the adoption.

Justice K.K. Ramakrishnan clarified that the essence of adoption lies in ensuring the child’s welfare and permanent protection, not in procedural rigidity.

The case arose after the Sub-Registrar refused to issue a birth certificate naming the adoptive parent, citing a lack of an adoption order from the District Magistrate and claiming that the grandparents lacked authority.

The Court rejected this reasoning, observing that since the mother had concurred to the adoption, the execution of the deed by the grandparents was legally valid.