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by sayum
26 August 2026 1:49 PM
Adoption Deeds Have No Legal Sanctity Without Compliance with Juvenile Justice Act, Madras High Court, through Justice G.K. Ilanthiraiyan, dismissed a writ petition seeking the registration of an adoption deed under the Muslim Personal Law. The Court ruled that adoption deeds are not legally valid unless executed in compliance with the procedures mandated by the Juvenile Justice (Care and Protection of Children) Act, 2015, and the Adoption Regulations, 2017.
"The registration of an adoption deed without following the Juvenile Justice (Care and Protection of Children) Act, 2015, or proving a valid custom lacks legal sanctity and is a futile exercise."
The petitioners, a Muslim couple (petitioners 1 and 2), sought to adopt their niece (the third petitioner’s daughter) and executed an adoption deed dated July 9, 2018. They approached the Sub-Registrar’s office for registration of the deed, which was refused on the grounds that Muslim Personal Law does not recognize adoption, and the Registration Act, 1908, does not mandate registration of adoption deeds.
The petitioners filed a writ petition under Article 226 of the Constitution, seeking a direction to compel the Sub-Registrar to register their adoption deed.
Issues Raised
Whether adoption is recognized under Muslim Personal Law.
Whether the adoption deed is registrable under the Registration Act, 1908.
Whether the Juvenile Justice (Care and Protection of Children) Act, 2015, overrides personal laws in matters of adoption.
1. Adoption Under Muslim Personal Law
The Court referred to the Muslim Personal Law (Shariat) Application Act, 1937, which does not include adoption as a recognized mode of filiation.
Citing earlier precedents, the Court observed that Islamic law traditionally does not permit adoption, though customs permitting adoption may be recognized if proven in civil courts.
Court’s Observation:
"Adoption is not recognized under Muslim Personal Law unless it is based on custom, and such custom must be proven before competent courts."
[Paras 11-12, 15]
2. Juvenile Justice Act, 2015 – A Uniform Framework
The Court highlighted the Juvenile Justice (Care and Protection of Children) Act, 2015, which provides a uniform procedure for adoption irrespective of religion, including:
Registration of prospective adoptive parents.
Filing applications in civil courts for adoption orders.
Following Adoption Regulations, 2017, notified under the Act.
The Supreme Court's ruling in Shabnam Hashmi v. Union of India (2014) was cited, which upheld the Juvenile Justice Act as an enabling legislation, allowing individuals of all religions to adopt under its framework.
Court’s Observation:
"The Juvenile Justice Act, 2015, and Adoption Regulations, 2017, provide the only legally valid framework for adoption in India, superseding personal laws."
[Para 13]
3. Registration of Adoption Deeds
Sections 17 and 18 of the Registration Act, 1908, were analyzed. The Court held that adoption deeds are not compulsorily registrable documents, and even if registered, they lack legal sanctity unless executed under a valid statutory framework.
The Court emphasized that allowing the registration of such deeds would enable misuse, such as trafficking or illegal activities.
Court’s Observation:
"Adoption deeds cannot confer any legal rights unless supported by an adoption order under the Juvenile Justice Act. Their registration is not mandatory under the Registration Act."
[Paras 16-17]
4. The Role of Custom in Adoption
The Court acknowledged the legal validity of customary adoption practices, provided the custom is pleaded and proven before competent courts.
However, the petitioners did not provide any evidence of a prevailing custom or follow the procedures under the Juvenile Justice Act.
Court’s Observation:
"Customs allowing adoption must be established in competent civil courts. Without such proof, the adoption deed executed by the petitioners has no legal value."
[Para 15]
Directions Issued by the Court
Writ Petition Dismissed:
The Court dismissed the writ petition, holding that the registration of the adoption deed would serve no purpose as it lacked legal validity.
Follow Adoption Regulations:
The petitioners were directed to proceed under the Adoption Regulations, 2017, notified under the Juvenile Justice Act, 2015.
Circular to Registrars:
The Inspector General of Registration, Tamil Nadu, was instructed to issue a circular directing all Registrars to refrain from registering adoption deeds unless they comply with the statutory provisions.
Court’s Statement:
"The Inspector General of Registration shall ensure that no adoption deeds are registered without compliance with the mandatory provisions of the Juvenile Justice Act and other relevant laws."
[Para 20]
Key Takeaways
1. Uniform Adoption Framework
The judgment reinforces that the Juvenile Justice Act, 2015, establishes a uniform legal framework for adoption across all religions. Adoptions conducted outside this framework lack legal sanctity.
2. Limited Role of Custom
While customs permitting adoption may be recognized, they must be proven in civil courts. Without such proof, the Court ruled, customary adoption cannot override statutory procedures.
3. Restriction on Registration
The Court explicitly barred Registrars from registering adoption deeds that do not adhere to the Juvenile Justice Act, highlighting the importance of preventing misuse and ensuring child welfare.
4. Legal Clarity for Muslim Adopters
The judgment clarifies that while Muslim Personal Law does not recognize adoption, Muslims are free to adopt under the Juvenile Justice Act, 2015, which is a secular, enabling legislation.
The Madras High Court’s decision underscores the importance of adhering to statutory procedures for adoption, regardless of religious beliefs or personal laws. By affirming the supremacy of the Juvenile Justice Act, 2015, the Court ensures uniformity, transparency, and accountability in adoption practices, while also protecting the welfare of children.
Date of Judgment: November 12, 2024
