Calcutta HC Prioritizes Privacy Of Unwed Birth Mother Over Adopted Child's 'Root Search'

Calcutta high court took a landmark decision of right to privacy of an unmarried biological mother who relinquished her child for adoption supersedes the child's right to explore their origins through a "root search."

In a recent case, After the hearing the case from both side Justice Sabyasachi Bhattacharya dismissed a plea made by a Swiss citizen, who wanted access to his adoption documents, but the court dismissed his plea. The court believed that the privacy of the biological mother was more important than the adopted child's right to know about their origins.

The person who was adopted in 1988 wanted to find information about his birth, but the court emphasized that the privacy of the biological mother, who likely wanted to remain anonymous, should be respected. Even though adoption regulations encourage adopted individuals to search for their roots, the court said that in this case, the privacy of the biological parent was paramount.

The court explained that the right to privacy of a parent who had to give up their child is more important than the child's curiosity. They pointed out that exposing such parents to societal judgment could harm them. In summary, the Calcutta High Court's decision establishes a precedent that values the privacy of biological parents, especially vulnerable unmarried mothers, over the adopted child's right to search for their roots when it could harm the parent.

Calcutta High Court hearing 

The adoptee, given up for adoption in 1988 by his unmarried biological mother, was subsequently adopted by Swiss parents and later became untraceable to his birth mother. While acknowledging the 2022 Adoption Regulations that encourage "root searches" for adopted individuals, the court clarified that these guidelines, though not applicable in the petitioner's case, nonetheless emphasized the delicate balance between an adoptee's curiosity and the fundamental right to privacy of biological parents. "Regulation 47(6) explicitly states that the right of the adopted child shall not infringe upon the right to privacy of the biological parents," the court noted.

While recognizing the inherent human desire to understand one's roots, the court emphasized the primacy of biological parent privacy, particularly for vulnerable individuals facing potential ostracization. "The right to privacy, especially for a biological parent who has been compelled to give up their child, outweighs the right of the child to know their origins, as subjecting such individuals to societal stigma and scrutiny can jeopardize their very existence," the court stated.

In essence, the Calcutta High Court's decision prioritizes the fundamental right to privacy of biological parents, particularly vulnerable unwed mothers, over the adopted child's right to "root search" when the potential for significant harm to the parent exists. This ruling sets a precedent for balancing these competing rights within the sensitive context of adoption.