A marriage certificate is not a requirement for adopting a child, according to the Allahabad High Court.
According to the Hindu Adoption and Maintenance Act, 1956, even a single parent can adopt a kid.
The court made the remark while hearing a writ case brought by Rina Kinnar, a transgender woman, and her partner on February 9.
Rina was born in 1983, according to the petition, and they married on December 16, 2000, at Mahabeer Mandir in Ardali Bazar, Varanasi.
The petitioners wanted to adopt a child but were informed they needed to provide a marriage certificate, which they lacked.
According to Live Law, the Bench of Justice Vivek Varma and Justice Dr Kaushal Jayendra Thaker made this observation while hearing a case filed by a transgender woman and her spouse who requested that the Sub Registrar, Hindu Marriage, District Varanasi evaluate and decide on their online marriage.
In December 2000, petitioner no. 1 (a transgender woman) and petitioner no. 2 (a boy) married. Following that, they wanted to adopt a child but were told that they’d need a marriage certificate under the Hindu Marriage Act, so they recently applied in December 2021 with the Sub Registrar, Hindu Marriage, in Varanasi district.
A marriage certificate is not required for adopting a child, as per Section 7 [Capacity of a male Hindu to take in adoption] and Section 8 [Capacity of a female Hindu to take in adoption] of the Hindu Adoption and Maintenance Act, 1956, which do not require marriage or registration of marriage.
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