A single-judge Bench of the Madras High Court (Madurai Bench) comprising The Honourable Mr. Justice G.R. Swaminathan recently clarified that any person, including those professing Islam, seeking to adopt a child must strictly follow the statutory procedure laid down in the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) and the Adoption Regulations, 2022. The Court held that merely executing an Adoption Deed and seeking its registration without obtaining an adoption order from the District Magistrate is not a valid process for relative adoption under the current law.

The Madras High Court recently declined to issue a Writ of Mandamus directing a Sub Registrar to register an Adoption Deed presented by a Muslim couple, holding that such a deed, by itself, does not finalize a valid adoption in law for non-Hindus. Justice Swaminathan emphasized that while the couple is entitled to adopt under the benevolent provisions of the JJ Act, 2015—a right established irrespective of religious personal law—the procedure must be strictly statutory, thus overriding the couple's attempt to use a simple registration process.

Background

The petitioner, K. Heerajohn, and his wife, who were childless, sought to adopt the 8-year-old son of the petitioner’s deceased brother, a move consented to by the child's widowed biological mother. As the parties belong to the Muslim faith, which does not recognise adoption, they executed a private Adoption Deed on September 13, 2025, and presented it to the Sub Registrar, Melur East, for registration. The registering authority refused to register the document, leading the petitioner to approach the High Court seeking a direction to compel registration.

Supreme Court’s Reasoning and Legal Basis

Justice Swaminathan, while acknowledging that Islam does not recognise adoption, unequivocally affirmed that the Juvenile Justice Act, 2015, is an enabling legislation that allows adoption by willing parents of any religious background. This principle stems from the Supreme Court's landmark ruling in Shabnam Hasmi v. Union of India (2014) 4 SCC 1.

The High Court held that for a Muslim couple, the adoption process is exclusively statutory, citing Section 56(2) of the JJ Act, 2015, which specifically governs: "Adoption of a child from a relative by another relative, irrespective of their religion, can be made as per the provisions of this Act and the adoption regulations framed by the Authority."

Crucially, the Court asserted that the JJ Act prevails over Muslim Personal Law in this context. This conclusion was drawn from a combined reading of Section 1(4) (which gives the Act overriding effect on all matters concerning children in need of care and protection, including adoption) and Section 63 of the 2015 Act, read with Article 15(3) of the Constitution (special provision for women and children). Section 63 ensures that a child in respect of whom an adoption order is issued by the District Magistrate shall become the child of the adoptive parents... for all purposes, including intestacy, severing ties with the biological family—a status not recognized by Muslim Personal Law's 'Kafala' system.

The Bench expressly disagreed with the reasoning of a prior single-judge decision in N. Faritha Begam v. Joint Registrar No. 2, which had incorrectly relied on the repealed JJ Act, 2000, and erroneously stated that the Act had a 'march over the Hindu Adoption & Maintenance Act, 1956.' Justice Swaminathan pointed out that Section 56(3) of the JJ Act, 2015, expressly states that its provisions shall not apply to adoptions made under the HAMA, 1956.

The Court held that the adoption is completed not by the registration of a deed, but by the issuance of an Adoption Order by the District Magistrate, as prescribed under the Adoption Regulations, 2022.

Outcome / Final Order

The Writ Petition, which sought a Mandamus for the registration of the Adoption Deed, was disposed of as the relief sought was legally untenable. However, recognising the genuine intent of the parties and the child's best interest, the Court permitted them to proceed with the legal procedure under the Adoption Regulations, 2022.

The Court issued time-bound directives to the statutory authorities to expedite the process:

The District Child Protection Unit was directed to complete the mandatory verification process within three weeks after the application is uploaded on the designated portal.
The District Magistrate was then directed to dispose of the application and issue the adoption order within another three weeks.
The Court confirmed that once the adoption order is issued by the District Magistrate, the registration of the deed is unnecessary.

Additional References

Taking judicial notice of procedural delays in the adoption system, the Court referenced an editorial in The Hindu dated July 25, 2025, titled “Should India relax its adoption procedures?” The judgment recognised the right to adopt as a human right, rooted in International Conventions, and stressed the obligation of authorities under the JJ Act to expedite the process to prevent children from being deprived of a stable, nurturing family environment during their crucial early years. The Court also interpreted the regulation requiring the child's "consent" (if aged five or above) as a requirement to merely "ascertain its wishes," ensuring the welfare of the child remains paramount.

Appearances

For Petitioner: Mr. M. Pandian For Respondents: Mr. G.V. Vairam Santhosh, Additional Government Pleader

JUDGEMENT LINK: https://s3.courtbook.in/2025/10/K.Heerajohn.pdf