Step-Parent Cannot Adopt Without Biological Parent's Consent : Kerala High Court

The Kerala High Court ruled that a step-parent needs the biological parent's consent to adopt and CARA (Central Adoption Resource Agency) cannot waive this rule under Adoption Regulations, 2022.

After divorcing the child’s biological father, the mother remarried, and her new husband sought to adopt the child.

However, the biological father objected, leading the Child Welfare Committee (CWC) to reject the request. The mother and stepfather then approached the High Court, seeking relaxation of adoption rules.

The court upheld CWC's rejection, stating adoption without the biological parent's consent is illegal under the Juvenile Justice Act, 2015, and Adoption Regulations, 2022.