The Supreme Court of India ruled that the date of adoption, rather than formal registration, determines legal recognition under the Hindu Adoptions and Maintenance Act, 1956. In the case of Prema Gopal, the court emphasized that adoption is valid from the actual ceremony date, preventing procedural delays from undermining its legal status. This landmark decision impacts inter-country adoptions.
New Delhi: The Supreme Court of India has held that the legal recognition of an adoption must be based on the actual date of adoption rather than the date of its formal registration. This decision reinforces the principle that procedural formalities should not override the substantive reality of adoption, particularly when conducted under the Hindu Adoptions and Maintenance Act, 1956 (HAMA, 1956).
A division bench comprising Justice B.V. Nagarathna and Justice Satish Chandra Sharma delivered this significant ruling, emphasizing that courts must consider the actual date of adoption instead of relying on the date of documentation.
The petitioner, Prema Gopal, a UK citizen, adopted twin minor children on January 9, 2020, through a customary Hindu adoption ceremony held in the presence of relatives and friends. However, the adoption was formally registered only on September 19, 2022, through a Deed of Adoption.
The Central Adoption Resource Authority (CARA) argued that since the petitioner resided abroad, her adoption process had to comply with Chapter VIII of the Adoption Regulations, 2022, which governs inter-country adoptions. CARA contended that the date of registration (September 19, 2022) should be considered the effective date of adoption, rather than the original adoption date (January 9, 2020).
Key Legal Issues Before the Court
- Interpretation of Section 16 of HAMA, 1956 – Whether the presumption of adoption applies when an adoption deed is registered later, or whether it should relate back to the original adoption date.
- Application of Adoption Regulations, 2022 (Regulation 67) – Whether inter-country adoptions executed before the 2021 amendment should be evaluated based on the date of adoption or the date of registration.
- Compliance with Inter-Country Adoption Procedures – Whether adoption by a foreign national under HAMA should be subject to the Hague Adoption Convention and international adoption laws.
The Supreme Court, after hearing Senior Advocates Anil Malhotra and Ranjit Malhotra for the petitioner and Additional Solicitor General (ASG) Aishwarya Bhati for CARA, ruled in favor of the petitioner. The Court stated:
“The fact that the Deed of Adoption was executed in 2022 does not alter the reality that the adoption itself took place in 2020. Adoption is a legal act that is recognized by performance, and subsequent formalities should not deprive its original legal standing.”
Additionally, the Court emphasized:
“Since the petitioner is a citizen of the United Kingdom, the procedural compliance under the Adoption Regulations, 2022, must be followed. However, the legal sanctity of adoption under HAMA, 1956, cannot be denied solely on the ground that registration was done later.”
To ensure justice and procedural clarity, the Supreme Court issued the following orders:
- Respondent No. 3 (Collector) and Respondent No. 2 must accept the petitioner’s application with all supporting documents within one week.
- Authorities must process and decide the application within two weeks, considering the adoption date as January 9, 2020.
- The petitioner must be given the right to a hearing, either in person or through her counsel.
- A copy of the final decision must be submitted to the Supreme Court by March 5, 2025.
This judgment is a landmark decision in Indian adoption law, reinforcing that adoption is legally valid from the date it is performed, irrespective of when it is formally registered. It sets a critical precedent for cases involving inter-country adoption, Hindu adoption customs, and procedural delays in documentation.
The Supreme Court’s ruling also ensures that children adopted under HAMA are legally recognized from the date of their adoption ceremony, preventing bureaucratic hurdles from affecting their legal status.
Case Title – Prema Gopal v. Central Adoption Resource Authority & Ors. (SLP (C) No. 14886/2024)
Read the Judgement here:
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