Gauhati High Court
Justice (Retd.) Mr. Basu Deo Agarwal vs The Union Of India And 4 Ors on 26 August, 2025
Author: M. Zothankhuma
Bench: Michael Zothankhuma
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GAHC010197912022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : PIL/60/2022
JUSTICE (RETD.) MR. BASU DEO AGARWAL
S/O LATE NOWRANG RAI AGARWALA, R/O RADHANAGAR, VIP ROAD, SIX
MILE, GUWAHATI-22, KAMRUP(M), ASSAM
VERSUS
THE UNION OF INDIA AND 4 ORS.
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA,
MINISTRY OF WOMEN AND CHILD DEVELOPMENT, NEW DELHI
2:THE MINISTRY OF EXTERNAL AFFAIRS
GOVERNMENT OF INDIA
NEW DELHI
REPRESENTED BY ITS SECRETARY
3:THE CENTRAL ADOPTIVE RESOURCE AUTHORITY
A STATUTORY BODY UNDER THE MINISTRY OF WOMEN AND CHILD
DEVELOPMENT
GOVERNMENT OF INDIA
4:THE STATE OF ASSAM
REPRESENTED BY THE SECRETARY TO THE JUDICIAL DEPARTMENT
DISPUR
GUWAHATI-6
5:THE DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT
GOVERNMENT OF ASSAM
REPRESENTED BY THE DIRECTOR OF SOCIAL WELFARE
UZAAN BAZAR
GUWAHATI
ASSA
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Advocate for the Petitioner : MR D DEKA, MR N J KUMAR
Advocate for the Respondent : ASSTT.S.G.I., GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
26.08.2025
(M. Zothankhuma, J)
1. Heard Mr. D. Deka, learned counsel for the petitioner and Mr. R.K.D.
Choudhury, learned Dy. SGI for the respondent nos.1, 2 & 3. Mr. D.K. Sharma,
learned counsel appears for the respondent nos.4 & 5. No one appears for the
State.
2. The petitioner has filed this Public Interest Litigation (PIL) praying for a
direction to be issued to the respondent authorities to modify/alter/amend the
Rules/Guidelines, in relation to disclosing the ‘original place of birth’ of adopted
children while issuing Passports/Birth Certificates or any other Certificate, as it
allegedly violates and infringes upon the right of privacy of the said person.
3. The petitioner’s counsel submits that as per Regulation 45 of the Adoption
Regulation of 2017, the authorities involved in the process of adoption must
maintain confidentiality of adoption records, except as permitted under any law.
He also submits that as per the Regulation 12(10) of the Adoption Regulation of
2017, the Specialized Adoption Agency is to carry out the necessary act of
issuance of Birth Certificates in cases of adopted children, post adoption order
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by the Court. Under this Sub-Regulation, the Specialized Adoption Agency has
been directed not to disclose the names of the biological parents and instead
endorse the names of only adopted parents in the Birth Certificates. As the
Regulations have tried to uphold the confidentiality of the adopted child by
requiring not to disclose the names of the biological parents, the Place of Birth
of an adopted child should not be put in the Passports/Birth Certificates of the
adopted child. He also submits that in the case of an adopted child, there was
no need for an unwed mother to disclose the identity of the child’s father in the
Birth Certificate as she can be the sole local guardian of the child .
4. Mr. R.K.D. Choudhury, learned Dy. SGI, on the other hand submits that in
terms of the Circular No.1/7/2011-VS(CRS) dated 12.03.2012 issued by the
Office of the Registrar General, Ministry of Home Affairs, Government of India,
in case an adopted child has not been registered under the ambit of Registration
of Births and Deaths (RBD) Act, 1969, the place where the Adoption Agency is
located shall be treated as the Place of Birth of the child. In the event of the
Date of Birth of the child being not known, the same as determined by the Chief
Medical Officer or any duly licenced Physician and as reflected in the adoption
order/deed issued by the local Magistrate shall be recorded as the Date of Birth
of the child in the birth reporting form. Besides the Date of Birth, the names of
the adopted parents and address of the parents, as contained in the adoption
order/deed, along with a number and date of the order shall be entered in the
birth reporting form. The names of the parents shall also be entered in the birth
reporting form. He also submits that it is only when the Date of Birth of the
adopted child has already been recorded, the above Circular would not be made
applicable. He submits that the Place of Birth and Date of Birth as mentioned in
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the original Birth Certificate will not undergo any change and shall remain as it
is, unless the same has not been recorded earlier. He has also referred to
paragraph 3(a) of the above Circular dated 12.03.2012, wherein it has been
stated that the term ‘adoptive parents’ or ‘adopted child’ shall not be used in the
Birth Certificate. The name of the adoptive parents shall appear as ‘parents’
(father and mother of the child) in the Birth Certificate. The address of adoptive
parents shall be recorded as the address of parents at the time of birth of the
child in the Birth Certificate. He accordingly submits that there are many
instances across the country in which place the occurrence of birth of a child is
different from the place of residence or State of the parents. This may be due to
several reasons and the argument made by the petitioner that mentioning the
place of birth of the adopted child in the Birth Certificate, in a place different
from that of the adopted parents, will establish that the child is adopted, is not
correct.
5. We have heard the learned counsels for the parties.
6. The petitioner’s case is that the mandate of mentioning the original Place
of Birth of an adopted child in the Passport or Birth Certificate or other
documents is a violation of the right to privacy of the adopted child and adopted
parents. In the case of ABC vs. The State (NCT of Delhi), reported in
(2015) 10 SCC 1, the Supreme Court had held that there was no need for an
unwed mother to disclose the identity of a child’s father in the Birth Certificate,
as the mother could be the sole legal guardian of the child. The above decision
of the Supreme Court has been made keeping in view the best interest of the
child. However, the issue of whether the original Place of Birth of the adopted
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child should not be mentioned in a Passport or Birth Certificate or other
documents is a different issue, inasmuch as, while there might not be difficulty
in cases where the adopted child is a baby, the Place of Birth of a school going
orphan would have already been recorded in the documents of the authorities,
including the schools in which the orphan attends. As such, it would not be
practicable to alter the original Place of Birth of the orphan, once the school
going orphan is adopted.
7. Regulation 12(10) and 45 of the Adoption Regulation of 2017 states as
follows :
“12(10) The Specialised Adoption Agency shall apply to the birth
certificate issuing authority for obtaining the child within three working
days from the date of issuance of adoption order, with the name of
adoptive parents as parents, and date of birth as recorded in the adoption
order and the same shall be issued by the issuing authority within five
working days from the date of receipt of the application.”
45. Confidentiality of adoption records – All agencies or authorities
involved in the adoption process shall ensure that confidentiality of
adoption records is maintained, except as permitted under any other law
for the time being in force and for such purpose, the adoption court order
may be displayed in any public portal.”
8. A perusal of paragraph-9 of the amended writ petition shows the reason
why the present PIL has been filed, wherein it is stated that the petitioner had
recently seen a Passport issued to an adopted child, who had been legally
adopted by following all norms and provisions, as mandated by the authorities.
However, in the said Passport the petitioner was appalled to see that while the
adoptive parents were from the State of Assam and their names had been
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endorsed as the parents in the Passport, the Place of Birth of the child showed a
different State, implying the fact that the child was not from the same State as
the child’s parents and that the child was not the biological child of the parents
named in the Passport.
9. The reason given by the petitioner for filing the present PIL has not taken
into account the fact that the children of many couples are born not only in
different States, but in different countries. They may be born even in different
Districts of a State. Though it could be argued that poor people do not move as
much as rich people or Government servants, the fact remains that even poor
people move around looking for jobs in other States/countries. As such, a poor
person who is looking for a job in another State, may have a child born in
another State and not in the State in which he/she was born. On that ground
alone, we are hard-pressed to find a reason as to whether the reason for filing
the present PIL can be in public interest.
10. The prayer of the petitioner for not recording the Place of Birth of an
adopted child in a Passport and Birth Certificate does not appear to be
reasonable, inasmuch as, a child can be adopted when it is a baby and when it
is at the age of 10 and above also. An orphan who has reached the age of 5/6
years would definitely be going to school as per the Right to Education Act,
2009, wherein his/her Place of Birth would already have been recorded in the
records of the State authorities and the school in which he/she attends. How
would the Place of Birth of the said orphan child thereafter be amended, if the
said school going child is subsequently adopted. Further, a piquant situation
would arise when there is no restriction on recording the Place of Birth of a child
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born and living with their biological parents, while not recording the Place of
Birth of an adopted child.
11. Though the reasons for filing this PIL is laudable, the prayer of the
petitioner does not appear to be practical, as it appears that the petitioner is
only thinking of adoption of babies. However, when juxtaposing the same with
adopting school going children, who may be even 10/11 years old, it would be
unreasonable and impractical to change their Place of Birth, after they have had
their Place of Birth recorded in the records for the last 10/11 years.
12. Regulation 1 & 3(a) of the Circular dated 12.03.2012 states as follows :
“1. Children taken on adoption through Institutions
In the adoptions taking place through institutions, the details of the
parents may or may not be known and the birth of the child may or may
not be registered. The procedure for both the cases, i.e., the birth already
registered and not yet registered is dealt separately.
i. Birth not registered and name(s) of parents known
(a) In case the birth of the adopted child has not been registered, the
‘place where the adoption agency is located’ shall be treated as the ‘place
of birth’ of the child. In the event of the date of birth of the child being
not known, the same as determined by the CMO or any duly licensed
Physician and as reflected in the adoption order/deed issued by the local
Magistrate shall be recorded as the date of birth of the child in birth
reporting form. Besides the date of birth, the name(s) of adoptive
parent(s) and address of adoptive parent(s) as contained in the adoption
order/deed along with the number and date of the order shall be entered
Page No.# 8/10in the birth reporting form. The name(s) of parents shall also be entered
in birth reporting form.
(b) The concerned Registrar of the area where the adoption agency is
located shall register the birth on the basis of adoption deed and duly
filled-in birth reporting form, and issue the birth certificate with the
name(s) of adoptive parent(s).
ii. Birth not registered and name(s) of parents not known
(a) In case the birth of the adopted child has not been registered, the
‘place where the adoption agency is located’ shall be treated as the ‘place
of birth’ of the child. In the event of the date of birth of the child being
not known, the same as determined by the CMO or any duly licensed
Physician and as reflected in the adoption order/deed issued by the local
Magistrate shall be recorded as the date of birth of the child in birth
reporting form. Besides the date of birth, the name(s) of adoptive
parent(s) and address of adoptive parent(s) as contained in the adoption
order/deed along with the number and date of the order shall be entered
in the birth reporting form. The column for name(s) of parents shall
remain blank in birth reporting form. :
(b) The concerned Registrar of the area where the adoption agency is
located shall register the birth on the basis of adoption deed and duly
filled-in birth reporting form, and issue the birth certificate with the
name(s) of adoptive parent(s).
iii. Birth registered
(a) A birth shall be treated as registered only when supported by the
original birth certificate or a copy thereof. The place of birth and the date
of birth as mentioned in the original birth certificate will not undergo any
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change and shall remain as it is. However, on the basis of details
contained in adoption order/deed, requisite changes will be made in the
name of child, name of adoptive parent(s) and address of adoptive
parent(s) by the Registrar where the birth was originally registered.
(b) In order to facilitate the entire process, the Registrar in whose
jurisdiction the adoption agency is located shall send the duly filled birth
reporting form along with the adoption order/deed and the copy of the
original birth certificate to the Registrar where the birth was originally
registered. The Registrar shall also make a request to effect changes in
the name of child, name of adoptive parent(s) and address of adoptive
parent(s) in the birth records and send the revised birth certificate to
him/her for being provided to the adoptive parent(s).”
“3. The following points may also be taken care of while making entries in
the birth reporting form / changes in the birth record.
(a) The term ‘adoptive parents’ or ‘adopted child’ shall not be used in the
birth certificate. The name of adoptive parents shall appear as ‘parents’
(father and mother of the child) in the birth certificate. The ‘address of
adoptive parents’ shall be recorded as the ‘address of parents at the time
of birth of the child’ in the birth certificate.”
13. On going through the above provisions of the Circular dated 12.03.2012
issued by the Office of the Registrar General, Ministry of Home Affairs,
Government of India, we are of the view that guidelines/procedure adopted for
making/changing entries in the birth record for children taken on adoption are
practicable. Accordingly, we find the procedure/guidelines for making/changing
entries in the birth record for children taken on adoption, in terms of the
Circular dated 12.03.2012 at paragraph nos.1 & 3(a) to be quite reasonable and
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which do not require interference at this stage.
14. The PIL is accordingly closed.
JUDGE JUDGE Comparing Assistant
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