Uttar Pradesh

• 23 Feb 2022

Marriage Certificate is Not Required to Adopt a Child

Why in News

• Recently, the Allahabad High Court held that marriage certificate is not a mandatory condition for adoption of a child.

Key Points

• The court made this observation while hearing a writ filed by transgender Reena Kinnar and her husband, seeking adoption of the child.
• According to the Hindu Adoptions and Maintenance Act, 1956, single parents can also adopt a child.
• Significantly, the Madras High Court in a judgment in 2019 had held that under the Hindu Marriage Act, the term 'Bride' includes transgender and intersex persons who identify themselves as women.
• The Transgender Persons (Protection of Rights) Act, 2019 was passed by the Parliament in the year 2019 for the welfare of transgenders and to end discrimination against them. It completely prohibits discrimination against a transgender person, including denial of service or unfair treatment in respect of- (1) Education (2) Employment (3) Healthcare (4) Access to and enjoyment of products, facilities and opportunities available at the public level (5) Right to move anywhere (6) To reside, rent or own a house (7) Opportunity to hold public or private office.