‘Juvenile Justice Act Provides Exclusive Mechanism’: Madras HC Declines To Register Muslim Adoption Deed

Last Updated:October 22, 2025, 21:28 IST

The court stressed that an adoption deed alone cannot substitute the statutory route prescribed for in-country relative adoptions

The court refused to issue a writ of mandamus but allowed the Muslim couple to adopt the procedure laid down in the Adoption Regulations, 2022. File pic

The Madras High Court recently refused to compel registration of an adoption deed executed by a Muslim family and instead directed that the statutory adoption procedure under the Juvenile Justice (Care and Protection of Children) Act, 2015, and the Adoption Regulations, 2022, be strictly followed.

The bench of Justice GR Swaminathan stressed that an adoption deed alone cannot substitute the statutory route prescribed for in-country relative adoptions.

The petition was filed by K Heerajohn and his wife, who had executed an adoption deed on September 13, 2025, to take in an eight-year-old relative whose father had died. The Sub-Registrar at Melur East declined to register the document, stating that the Muslim personal law does not recognise adoption. This prompted the petitioners to move the court seeking a mandamus to direct registration of their adoption deed.

Rejecting that relief, the court noted that while some personal laws do not recognise adoption, the JJ Act is an enabling statute that governs matters of adoption and child welfare and therefore prescribes the exclusive procedure for adoption under the statutory scheme.

The judge explained that the 2015 Act and the Adoption Regulations, 2022, set out a clear administrative pathway for relative adoptions involving registration on the designated portal, verification by the District Child Protection Unit (DCPU), and issuance of an adoption order by the District Magistrate and that those steps must be completed before any legal consequences of adoption arise.

The court mentioned earlier decisions that had taken a different view but declined to follow them. It observed that earlier orders premising registration on the JJ Act as it stood earlier could not govern current disputes because the 2000 scheme has been superseded by the 2015 Act and the later regulations.

The judge underscored Section 56 (on in-country relative adoptions), Section 57 (eligibility of adoptive parents), Section 61 (welfare and consideration of child’s wishes), and Section 63 (legal status following an adoption order) of the JJ Act in reaching his conclusion.

The court refused to issue a writ of mandamus but allowed the Muslim couple to adopt the procedure laid down in the Adoption Regulations, 2022. On the couple’s applications, the court directed that the DCPU complete verification within three weeks of portal filing and that the District Magistrate decide the application within three weeks thereafter.

The judge also recorded concern about systemic delay and noted that the prolonged waiting periods deny children timely access to family care and urged authorities to make the portal and verification process hassle-free. Once a District Magistrate issues an adoption order, the court said, there is no need to register any separate adoption deed.

The court also addressed religious concerns. While acknowledging that Muslim personal law traditionally recognises kafala rather than adoption, the court held that the JJ Act’s provisions and the constitutional commitment to protecting children’s welfare mean that the statutory adoption model must prevail in matters concerning children in need of care and protection.

Salil Tiwari

Salil Tiwari, Senior Special Correspondent at Lawbeat, reports on the Allahabad High Court and courts in Uttar Pradesh, however, she also writes on important cases of national importance and public interests fr...Read More

Salil Tiwari, Senior Special Correspondent at Lawbeat, reports on the Allahabad High Court and courts in Uttar Pradesh, however, she also writes on important cases of national importance and public interests fr...

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