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“…as against the right to know one’s roots, the rights of privacy and protection of identity of the biological parents of an adoptee are more fundamental and basic insofar as the said right protects the very survival of the biological parents.” factual matrix. However, as against the right to know one's roots, the rights of privacy and protection of identity of the biological parents of an adoptee are more fundamental and basic insofar as the said right protects the very survival of the biological parents. The adoption agency may have information about her biological parents, such as their names and contact information.
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There is no distinction between the rights of adoptive parents and birth parents, and all the social, legal, mental, and kinship benefits of biological children are given to adopted children. The calcutta high court on friday held that though an adopted child has the legal and constitutional to search for his roots, the same would not override the right to privacy of his biological parents, especially an unmarried mother. State laws vary widely on whether adopted children can have access to the names of their biological parents.
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The right to know has not yet been fully accepted or awarded the status of a fundamental human right in india, however the right to life has been expanded by the supreme court of india in many cases to include under its fold, the right to privacy and dignity.
Prospective parents are not allowed to know whether their adoptive child was ‘born into’ their faith, however; If the adoption agency is no longer in business, she can contact the state's adoption registry. Under the hindu adoption and maintenance act, 1956, a child adopted under this law does not automatically have the right to know the identity of their biological parents unless specified in the adoption agreement or if the adoptive parents disclose this information later in life. Recent state court decisions favor the rule that an adoptee may have access to the name of his or her biological/birth parents and court records and documents pertaining to.
