Adoption Kids and DNA Tests

Recently, Kerala HC directed courts not to entertain applications seeking DNA examination of children given in adoption.

The Kerala High Court has ruled that conducting DNA tests on children born to rape victims who are placed for adoption could potentially cause emotional distress and violate their right to privacy. Justice K Babu issued an order prohibiting Pocso and other subordinate courts from entertaining applications for DNA testing of adopted children.

Additionally, the court instructed child welfare committees to ensure that DNA samples are obtained before the adoption process is finalized.

This decision stemmed from a suo motu case initiated following reports from the Victims Rights Centre and the Kerala State Legal Services Authority, which highlighted privacy violations of adopted children through court-ordered DNA collection.

Advocate Parvathi Menon, serving as amicus curiae, emphasized that DNA testing could harm individuals and infringe upon their privacy rights. The court acknowledged that proving paternity through DNA tests is unnecessary for rape cases, as defined by Section 375 of the IPC and the POCSO Act.

It emphasized the importance of balancing privacy rights with the need for truth-seeking in court proceedings.

Furthermore, the court mandated that all agencies involved in adoption processes maintain the confidentiality of adoption records, except as permitted by law.

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