Madras High Court Rules: Non-Hindu Couples Must Follow Juvenile Justice Act for Legal Adoptions

In a significant ruling, the Madurai Bench of the Madras High Court has determined that Muslim and Christian couples seeking to adopt must follow the Juvenile Justice (Care and Protection of Children) Act, 2015, rather than directly registering adoption deeds.

The ruling provides a clear legal pathway for non-Hindu families wishing to adopt children lawfully, as Justice GR Swaminathan explained that the JJ Act offers a secular framework enabling adoption regardless of religious background.

While traditional Islamic and Christian personal laws do not recognize adoption as a legal institution—permitting only guardianship or foster care arrangements—the JJ Act extends adoption rights to anyone following its prescribed procedures.

According to the judgment, once an adoption order is issued by the District Magistrate, registration becomes unnecessary, and the adopted child will hold the same legal status as a biological child. Justice Swaminathan emphasized that "an adopted child cannot be given a second-class status," affirming that the JJ Act supersedes personal law to ensure equality for all children.

The case originated from K Heerajohn and his wife Kadhan Beevi of Madurai, who sought to adopt their eight-year-old nephew Mohammed Saleem following the death of the child's father, Heerajohn's brother. Despite having consent from the boy's mother Amjad Beevi, the Sub-Registrar refused to register their adoption deed, citing incompatibility with Islamic law.

The court has now outlined a structured process: 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 issue adoption orders within the subsequent three weeks.

Justice Swaminathan also advocated for a streamlined adoption process, noting that existing delays deprive children of stable family environments. "Any delay in the adoption process deprives children of formative experiences that can change their lives," the judge observed.