Case Note & Summary
The case involves an appeal filed by four appellants: appellant Nos. 1 and 2 (alleged adoptive parents) and appellant Nos. 3 and 4 (biological parents) against the judgment and decree dated 31-5-2022 passed by the Additional Senior Civil Judge, Udupi, in G & W.C. No.9 of 2021. The trial court dismissed the petition filed under Sections 7 to 10 and 25 of the Guardians and Wards Act, 1890 seeking guardianship of an unborn child. The biological parents and adoptive parents had entered into an unregistered agreement for the adoption of the unborn child. The High Court of Karnataka at Bengaluru, comprising Justice B. Veerappa and Justice K.S. Hemalekha, heard the appeal. The court noted that the agreement was for an unborn child and was unregistered. The court held that adoption of an unborn child is void and against public policy. The Guardians and Wards Act, 1890 does not permit adoption of a child who is not yet born. The welfare of the child is the paramount consideration, and such agreements are not in the best interest of the child. The court dismissed the appeal, affirming the trial court's decision. The court emphasized that the law does not recognize adoption of an unborn child, and any agreement to that effect is unenforceable.
Headnote
A) Guardians and Wards Act, 1890 - Adoption of Unborn Child - Validity of Agreement - Sections 7 to 10 and 25 - The biological parents and alleged adoptive parents entered into an unregistered agreement for adoption of an unborn child. The trial court dismissed the petition for guardianship. The High Court held that adoption of an unborn child is void and against public policy. The Guardians and Wards Act, 1890 does not contemplate adoption of a child who is not yet born. The agreement being unregistered and for an unborn child is not enforceable. The welfare of the child is paramount, and such agreements are not in the interest of the child. (Paras 1-3)
Issue of Consideration
Whether an unregistered agreement for adoption of an unborn child is valid under the Guardians and Wards Act, 1890 and whether the biological parents can transfer guardianship of an unborn child.
Final Decision
The High Court dismissed the appeal, affirming the trial court's judgment and decree dated 31-5-2022 in G & W.C. No.9 of 2021, holding that the unregistered agreement for adoption of an unborn child is void and against public policy.
Law Points
- Adoption of unborn child is void
- Unregistered adoption agreement is invalid
- Welfare of child is paramount
- Guardians and Wards Act
- 1890 does not permit adoption of unborn child
