Madras High Court ruled that Muslim and Christian couples cannot register adoption deeds directly. They must follow the Juvenile Justice (Care and Protection of Children) Act, 2015, which provides the legal process for non-Hindu families to adopt children.
The Madurai Bench of the Madras High Court ruled that Muslim and Christian couples are not permitted to register adoption deeds directly.
Instead, they are required to adhere to the Juvenile Justice (Care and Protection of Children) Act, 2015, which provides a clear legal pathway for non-Hindu families to adopt children in a lawful manner.
Justice GR Swaminathan, who delivered the judgment in response to a petition by K Heerajohn of Madurai, emphasized that the JJ Act offers a secular framework for adoption that is applicable regardless of religious affiliation.
While Islamic and Christian personal laws do not recognize adoption as a legal process allowing only guardianship or foster care the JJ Act facilitates adoption for anyone who complies with its procedures.
Once an adoption order is granted by the District Magistrate, it does not require registration, and the adopted child will have the same rights as a biological child.
Affirming that the JJ Act takes precedence over personal laws to ensure equality for all children, the judge noted,
“An adopted child cannot be given a second-class status,”
The case arose from Heerajohn and his wife Kadhan Beevi’s desire to adopt their eight-year-old nephew, Mohammed Saleem, following the death of the boy’s father, Heerajohn’s brother.
Although the child’s mother, Amjad Beevi, had given her consent, the Sub-Registrar refused to register the adoption deed based on Islamic law.
The court mandated that prospective adoptive parents must register on the national adoption portal, with the District Child Protection Unit tasked to verify applications within three weeks.
Following this, the District Magistrate must issue adoption orders within an additional three weeks.
Justice Swaminathan also advocated for a more efficient adoption process, highlighting that delays can prevent children from experiencing the love and stability of a family.
The judge stated,
“Any delay in the adoption process deprives children of formative experiences that can change their lives,”