“An adopted child cannot be at any point of his/her growth be violated of his/her privacy.”: Kerala High Court
April 23, 2024 2024-07-05 8:33“An adopted child cannot be at any point of his/her growth be violated of his/her privacy.”: Kerala High Court
“An adopted child cannot be at any point of his/her growth be violated of his/her privacy.”: Kerala High Court
By Praneetha Shivaprasad
A single-judge bench of the Kerala High Court provided directions for testing of DNA of adopted children born to rape survivors. The court took suo-moto cognizance based on the report of the Project Co-ordinator, Victims Rights Centre, the Kerala State Legal Services Authority. It was ruled that the trial courts must exercise its discretion only after balancing the interest of the parties since such DNA collection would upset the emotional status of the child. The court ruled that the confidentiality of the child’s records would be paramount. Any order for DNA testing should only be given after considering the eminent need of such evidence and the doctrine of proportionality. The court directed the Child Welfare Committee to collect such evidence before the adoption takes place. Moreover, the court ruled that even in cases where the children were not given in adoption the trial court shall consider the request for a DNA test of the children of the victim only after considering the aforementioned principles. (Crl.M.C No.5136 of 2023).
