Court Interprets Silence as Consent in Adoption Case

The Karnataka High Court has concluded that the silence of a biological father, regarding the adoption of his minor son by the mother and her current husband, implies consent. This landmark decision follows a prolonged case where the father refused to take a definitive stance.

The case arose when a mother, who had custody of her son after a divorce, remarried and sought to adopt the child with her new spouse. Despite the biological father's previous relinquishment of all parental rights, including custody and visitation, the State Adoption Resource Agency demanded written consent from him to advance the adoption process.

During court proceedings, the father's legal representative expressed that the father would not provide a clear decision on the adoption. Justice B M Shyam Prasad, acknowledging arguments by Senior Advocate Vikram Huilgol and Additional Solicitor General Aravind Kamath, determined the father's silence as consent. The decision emphasizes the child's welfare, allowing adoption proceedings to continue with the High Court's order serving as proof of consent.

(With inputs from agencies.)