Muslim, Christian couples must follow JJ Act for adoption, says HC

MADURAI: The Madurai Bench of the Madras High Court has held that Muslim and Christian couples cannot directly register adoption deeds. Instead, they must follow the procedure under the Juvenile Justice (Care and Protection of Children) Act, 2015.

Justice GR Swaminathan, while hearing a plea filed by K Heerajohn of Madurai, noted that the JJ Act provides a secular and enabling framework that allows adoption by anyone, regardless of religion.

The case involved Heerajohn and his wife, Kadhan Beevi, who wanted to adopt their eight-year-old nephew, Mohammed Saleem, after the death of the child’s father. The boy’s mother, Amjad Beevi, had given her consent, but the Sub-Registrar refused to register the adoption deed, citing Islamic law, which does not recognise adoption as a legal institution.

Justice Swaminathan held that while Islamic and Christian personal laws only permit guardianship or foster care, the JJ Act overrides these restrictions and ensures equality.

An adoption deed dated September 13, 2025, was executed and presented for registration. However, the Sub-Registrar had declined to register the document, citing that Islamic personal law does not recognise adoption.

“An adopted child cannot be given a second-class status,” the judge said and noted that once an adoption order is issued by the District Magistrate, it does not require registration, and the adopted child will enjoy the same rights as a biological child. The court noted that Section 1(4) “Any delay in the adoption process deprives children of formative experiences that can change their lives,” the judge said. He described adoption as a means to offer children a permanent and nurturing family environment where their emotional, physical, and educational needs can be met.

Justice Swaminathan directed that all 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 should pass adoption orders within another three weeks. The court noted that it is the duty of officials to ensure that applications are uploaded without difficulty and that the entire process remains smooth.

The JJ Act was enacted keeping in mind the best interests of children and their rehabilitation. Therefore, the authorities constituted under the Act will adopt a purposive approach. A child below 18 years cannot obviously give consent. Therefore, a holistic approach must be adopted. The interest of a child alone should rank paramount.

Citing these, the Judge declined to issue the mandamus sought. But the parties were permitted to adopt the procedure laid down in the Adoption Regulations, 2022. The Child Protection Unit should complete the verification process within a period of three weeks after the application is uploaded to the portal. Once the matter goes before the District Magistrate, the application should be disposed of within a period of three weeks thereafter.