'Passport Authority can't say no to change name of adopted child'

The Passport Authority cannot sit in appeal and raise objections on a Child Adoption Deed registered with the appropriate authority while deciding on change of name in the passport of an adopted child. The Bombay high court said this on Monday, asking it to consider the plea.

A division bench of Justice VM Kanade and Justice KR Shriram allowed the plea of Alpana Harshan, who wants a change in her son’s surname in his passport.
In 2004, the Yari Road resident’s first marriage was dissolved and the child’s permanent custody was given to her by the family court. The boy is her son from her first marriage.

In 2010, she married again. In October, her son was officially adopted by her second husband. The son’s surname was changed in the school records through an official gazette. They also got an Aadhaar card issued in his new surname.

On February 7, the woman applied to the Passport Authority for making the necessary changes in her son’s passport. The authority called her to the office, seeking clarification on whether the biological father’s consent was given before the child was adopted. It was also argued that under section 9 (2) of the Hindu

Adoption and Maintenance Act, a father alone can give a child in adoption with the mother’s consent. Thus, the authority refused her request.
She challenged this in the Bombay high court. Harshan argued that ever since their divorce, she doesn’t know her husband’s whereabouts. Though he has visiting rights, he has not come to see the child. Thus, such a demand cannot be made.

The court accepted the argument and noted that in the circumstances when the husband is not available and the surname in other documents have already been changed, the authority cannot raise such objections now. The court has directed the authorities to consider the change in circumstances and heed to the woman’s plea.