- (1.) THE petitioner in this WP under Article 226 of the Constitution of India dated December 23, 2013 is questioning a decision of the Director of Health Services & Chief Registrar of Births & Deaths dated September 03, 2013 (WP p.22) that unless the adoption order is produced it will not be possible for him to correct the birth certificate of the child adopted by him (the petitioner).
(2.) RELYING on a circular of the Registrar General, India dated March 12, 2012 (WP p.24), Ms.Zinu, advocate for the petitioner, has submitted that the authority was wrong in saying that unless an order showing adoption was produced the birth certificate of the child adopted by the petitioner could not be corrected.
(3.) FACED with the provisions of the circular, Mr.Tabraiz, appearing for the respondents, has found little to say in justification of the decision of the authority. The relevant parts of the circular of the Registrar General are quoted below: 3/4 " 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 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 parents(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).";