Biological father's consent immaterial for adoption of child born out of rape: Karnataka HC

Bengaluru: In a significant ruling, the Karnataka High Court has stated that the biological father’s consent is neither necessary nor relevant for the adoption of a child born out of rape. The court made this observation while allowing a teenage survivor of sexual assault to legally give her child up for adoption after her application had been rejected earlier.

Justice Hemant Chandangoudar, delivering the judgment, remarked, “When the natural guardians of a child are incapable of providing a loving, safe, and nurturing environment, the child, for all practical purposes, falls within the definition of an ‘orphan’.”

The court further emphasized the importance of adoption for the well-being of such children. Justice Chandangoudar added, “Failure to give such a child in adoption would deprive him or her of the right to live with dignity, as guaranteed under Article 21 of the Constitution. Hence, adoption in such cases is not only a statutory right but also a moral obligation to ensure the overall welfare and development of the child.”

The judgment directed the sub-registrar of Yelahanka in Bengaluru to register the adoption deed, dated November 11, without requiring consent from the biological father, who is accused of rape.

The survivor, a 16-year-old girl, had filed the petition along with her mother and the prospective adoptive parents when the child was just 51 days old. The authorities had earlier refused to process the adoption, citing the absence of the biological father’s consent as a requirement.

According to court documents, the survivor became pregnant after allegedly being raped between November 1, 2023, and June 20, 2024. A case was filed against the accused under sections 4-6 of the Protection of Children from Sexual Offences (POCSO) Act and sections 376 (rape), 506 (criminal intimidation), and 34 (common intention) of the Indian Penal Code.