Introduction:

In a recent suo motu case concerning adoption procedures, the Kerala High Court addressed critical issues surrounding the collection of DNA samples from children before they are declared legally free for adoption. The case, initiated based on concerns raised by the Victim Rights Centre under the Kerala State Legal Service Authority, questioned the absence of a Standard Operating Procedure (SOP) governing such practices by the State Adoption Resource Agency (SARA).

Arguments of Both Sides:

Advocate A. Parvathi Menon, acting as the amicus curiae, highlighted the lack of an SOP at SARA, emphasizing that the absence of clear guidelines could compromise the privacy and confidentiality rights of adopted children. She cited various judgments, including Subhash v State of Kerala, which affirmed the fundamental right to privacy for adopted children and cautioned against the intrusive use of DNA testing. The amicus also pointed out discrepancies between existing regulations and practices, arguing that consent issues surrounding DNA testing must be rigorously upheld.

Represented by Director General of Prosecution Senior Advocate T. A. Shaji, the State defended the necessity of DNA testing in cases involving children born to rape victims. They argued that such testing is crucial for establishing biological parentage in legal proceedings and ensuring fair trials for accused individuals. The State also referenced Ministry guidelines on medico-legal care, stressing the importance of informed consent but advocating for the legality of DNA collection within specified regulatory frameworks.

Court’s Judgment:

Justice K. Babu, presiding over the case, acknowledged the complexities involved in balancing the rights of privacy and the needs of legal justice. The Court issued a directive ordering the State government to formulate a comprehensive SOP governing the collection and use of DNA samples from children involved in adoption cases. This SOP aims to standardize procedures across adoption agencies, ensuring uniformity and minimizing ambiguity in compliance with existing regulations.