The Madras High Court has ruled that an adopted child under the Juvenile Justice (JJ) Act, 2015, enjoys the same legal rights and inheritance as a biological child, overriding personal laws and ensuring full parental status.
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CHENNAI: In a landmark judgment, the Madras High Court has clarified that adoption under the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act, 2015) confers full parental rights, equivalent to biological parentage, and prevails over Muslim Personal Law.
The decision was delivered in response to a writ petition filed by a Muslim couple seeking registration of an adoption deed for their nephew, which had been declined by the registering authority, citing personal law restrictions.
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Background of the Case
The petitioners, a childless Muslim couple from Madurai, wanted to adopt the son of the petitioner’s deceased brother. They approached the Sub-Registrar to register the adoption deed.
However, the Sub-Registrar refused, arguing that Islamic law does not recognise adoption in the same manner as Hindu law.
The petitioners contended that under Sections 1(4) and 63 of the JJ Act, 2015, adoption is a statutory right available to all citizens irrespective of religion, and the refusal to register the deed was contrary to law.
The State defended the decision, citing earlier instructions preventing Registrars from registering adoption deeds that conflicted with personal laws.
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Court’s Observations
The Madras High Court extensively analyzed the provisions of the JJ Act, 2015, alongside Article 15(3) of the Constitution, which allows the State to make special provisions for children. Key observations include:
- Secular Nature of JJ Act:
The Court noted that the JJ Act is a welfare legislation, intended to protect the rights of children regardless of the religion of the adoptive parents. - Equality of Adopted Children:
Quoting Shabnam Hashmi v. Union of India (2014), the Court held that an adopted child has the same legal status as a biological child, including inheritance rights. - Superseding Personal Law:
The Court clarified that the JJ Act, 2015, overrides Muslim Personal Law in matters of adoption. Adopted children cannot be treated as “second class” due to the religion of their adoptive parents. - Procedural Clarity:
The Court explained that while the adoption deed itself does not require registration, the adoption order issued by the competent authority under the Adoption Regulations, 2022, is what legally creates parental rights and confers property and inheritance rights. - Competent Authority:
The District Magistrate, via the District Child Protection Unit, is the proper authority to process adoptions under the JJ Act. The Court allowed the petitioners to proceed with this statutory process.
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The High Court dismissed the writ petition, holding that:
- Adoption among Muslims must follow the procedure under the JJ Act, 2015, and the 2022 Adoption Regulations.
- Registration of the adoption deed is not mandatory; what matters is the issuance of a formal adoption order by the competent authority.
- Once the adoption order is issued, the adopted child enjoys full rights equivalent to a biological child.
“An adopted child under the JJ Act stands on the same footing as a biological child for all purposes, including intestacy, and no child can be treated as lesser by reason of adoption.”
Justice G.R. Swaminathan
Appearance:
For Petitioner: Advocate M.Pandian
For Respondents: G.V.Vairam Santhosh, Additional Government Pleader
Case Title:
K.Heerajohn Vs. The District Registrar & Other
W.P. (MD)No.27615 of 2025
READ ORDER