The Kerala High Court has, suo motu, taken cognisance of concerns that the right to privacy of adopted children was being violated due to trial court orders directing the collection of their DNA to prove the offence of rape, where such children are born to rape survivors.
The court took up the matter after a report was submitted on this practice by advocate Parvathy Menon, Project Coordinator of the Victim Right Centre (VRC), Kerala State Legal Services Authority (KELSA).
Incidentally, the court had stayed six trial court orders in which directions were given to collect the DNA of adopted children who were born to rape survivors in order to facilitate the prosecution’s case.
The report submitted by KELSA raised concern that such a practice would defeat the purpose of adoption and cause an imbalance in the emotional status of adopted children.
It further pointed out that it could also lead to undue harassment of families who adopt children.
The report stressed that an adopted child’s privacy cannot be violated at any point in their growth.
“There are instances where blood samples for DNA tests are ordered to be collected from adopted children who have attained an age of reasonable comprehension. In some cases, adopted children would not have divulged the fact of adoption to the children,” the report said.
It also expressed a fear that in cases where the adopted child would have gelled well with the adopted family, a sudden revelation that they were adopted could result in them exhibiting behavioral disorders and aberrations.
The exercise of subjecting a child to DNA tests would only defeat the purpose of the “divine concept of adoption”, especially when law protects the rights of the rape survivor, the report added.
After the report was submitted, Justice Alexander Thomas directed the Registry to initiate a suo motu case and recommended that Menon be appointed to assist the court as amicus curiae.
Subsequently, the matter was placed before the Chief Justice and a suo motu case registered and posted for hearing by a bench of Justice K.Babu on July 21.
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