Child born out of live-in relationship to be treated as child born to married couple: Kerala High Court

Kerala High Court recently held that a child born out a live-in relationship and acknowledged so by the mother of the child, would have to be treated as a child born to a married couple for the purposes of surrendering a child for adoption under Juvenile Justice (Care and Protection of Children) Act, 2015 [JJ Act).

If a woman living in a live-in relationship begets a child and if that mother acknowledges the father with whom she begets the son , then that son will be considered legitimate for the purpose of Juvenile Justice Act and Adoption Regulations of 2017.

This decision was given by the Bench of Justices A Muhamed Mustaque and Dr. Kauser Edappagath.

The Court also said that,” a woman becoming a mother in a rape or sexual assault, or accidentally, does not want to recognise or acknowledge biological father; in such circumstances, such mother has to be treated as an unmarried mother. “

The Court was hearing a petition filed by a husband-wife, who were in a live-in relationship, seeking to reclaim their child who had been surrendered for adoption by the mother alone at a time when the couple had drifted apart.

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