Odisha HC: Adoption Validity Beyond Registrar’s Role

The Orissa High Court has ruled that registration officials cannot decide the legal validity of an adoption, as such matters fall under the jurisdiction of civil courts.

Justice Sashikanta Mishra delivered the ruling while hearing a petition filed by Kamala Jena, setting aside orders by the Simulia Sub-Registrar and Balasore District Registrar that had rejected an adoption-related deed.

The case involved the adoption of Kamala Kanta Mandal in March 2001, when he was around nine years old. Although the adoption ceremony was performed by Bhaskar Mandal and his wife Laxmi Mandal, no formal deed was prepared at the time. In September 2025, the biological parents, adoptive mother and adoptee signed a document formally acknowledging the adoption and submitted it for registration.

Officials rejected the document citing missing old records, discrepancies in identity documents and other irregularities. However, the High Court observed that registration authorities must only verify compliance with the Registration Act, 1908, and cannot adjudicate disputed legal rights or facts.

The court clarified that registering the deed would not amount to final legal recognition of the adoption, whose validity can still be challenged before a competent civil court.