Non-Hindu Couples Must Use Juvenile Justice Act for Legal Adoptions: Court

In a significant ruling, the Madurai Bench of the Madras High Court has held that Muslim and Christian couples cannot directly register adoption deeds, and must instead follow the Juvenile Justice (Care and Protection of Children) Act, 2015, offering a clear legal route for non-Hindu families to adopt children lawfully.

Justice GR Swaminathan, delivering the order in a plea by K Heerajohn of Madurai, said the JJ Act provides a secular, enabling framework for adoption irrespective of religion.

Under Islamic and Christian personal laws, adoption as a legal institution is not recognised - only guardianship or foster care is permitted - but the JJ Act allows adoption by anyone who follows its procedure. Once an adoption order is issued by the District Magistrate, it need not be registered and the adopted child will enjoy the same status as a biological child. "An adopted child cannot be given a second-class status," the judge observed, ruling that the JJ Act will prevail over personal law to ensure equality for all children.

The case stemmed from the plea of Heerajohn and his wife Kadhan Beevi, who wanted to adopt their eight-year-old nephew Mohammed Saleem, after the child's father, Heerajohn's brother passed away. The boy's mother Amjad Beevi had consented, but the Sub-Registrar refused to register their adoption deed, citing Islamic law.

The court directed that prospective adoptive parents must register on the national adoption portal, the District Child Protection Unit must verify applications within three weeks, and the District Magistrate must pass adoption orders within three weeks thereafter.

Justice Swaminathan also called for a hassle-free, faster adoption process, citing delays that deny children the love and stability of a family. "Any delay in the adoption process deprives children of formative experiences that can change their lives," the judge said.