Juvenile Justice Board sanctioned adoption valid: HC

The Kerala High court has held that adoptions permitted by the Juvenile Justice Board were legally valid and that an adopted child was entitled to all the rights as that of a biological child of the adopting parents.

Justice K M Shafique in a ruling yesterday declared that the order of the JJB was valid for adoption and was legally enforceable as per the Indian laws. Once the board declares a guardian for the child, it was valid before law.

The court said by virtue of the Kerala Juvenile Justice (Care and Protection Of Children) Rules, once a legal guardian was appointed by the board, it is valid in the eyes of law.
The declaration was made by the court overruling the contention of the US Consulate General in Chennai that orders of adoption issued by the Juvenile Justice Boards cannot be accepted for visas.

The court was disposing of a petition filed by C N Joshnson and his wife from Thrissur who had adopted a child before going to the US. Since their two biological children were mentally challenged they had decided to go in for adoption, they stated.

Since there were no Christian Personal Law regarding adoption, they had obtained an order from the Juvenile Justice Forum declaring the couple as legal guardian of the child. However, the US Consulate declined to accept it.

The three-year-old child was adopted from a children's home at Thrissur. They were first made legal guardian in August 2004 and in September 2006, the board sanctioned the couple's petition to adopt the child.

However, when they decided to migrate to the US, the consulate refused to grant visa to the adopted child following which they moved the court.