Introduction:

In a pivotal legal development, the Kerala High Court addressed the sensitive issue of DNA testing of children born to rape victims, particularly those given in adoption. The case, initiated suo moto by the Court, aimed to safeguard the privacy and emotional well-being of adopted children within the state.

Arguments:

Advocate Parvathi Menon A, acting as the amicus curiae, argued that DNA testing of adopted children could infringe upon their privacy and personal autonomy, with little benefit to prosecuting rape cases. Conversely, the prosecution sought DNA samples to bolster their cases, raising concerns over the conflicting rights and interests at stake.

Court’s Judgement:

Justice K Babu, delivering the Court’s judgement, emphasized the paramount importance of protecting the confidentiality of adoption records and the emotional stability of adopted children. The Court cited precedents and legal principles, including the ’eminent need’ test and the right to privacy under Article 21 of the Constitution, to justify its decision to restrict DNA testing of adopted children. Moreover, the Court directed the Child Welfare Committee to ensure DNA sample collection before completion of the adoption process and mandated confidentiality of adoption records.