Adoption under Hindu Adoptions and Maintenance Act does not require an adoption order from the District Magistrate

Madras High Court Upholds Adoption Under Hindu Rites, Rejects Need for Juvenile Justice Act Order. Court Directs Authorities to Issue Birth Certificate Recognizing Adoptive Parents

In a landmark judgment delivered by the Madras High Court, Justice M. Dhandapani ruled in favor of A. Kannan, a petitioner who sought legal validation of his adoption process under the Hindu Adoptions and Maintenance Act, 1956 (HAM Act). The petitioner challenged the administrative order rejecting the issuance of a birth certificate that incorporated the names of the adoptive parents, A. Kannan and his wife, K. Sheela.

The case arose when the petitioner, unable to have a biological child, adopted a child named K.S. Saatvika from a young mother, Vijayalakshmi, with the consent of the child's grandparents. Despite following Hindu rites and customs and obtaining a civil court decree validating the adoption, the local administrative authority refused to issue a birth certificate citing the absence of an adoption order from the District Magistrate as per the Juvenile Justice Act, 2015.

The Court analyzed the relevant statutory provisions, particularly focusing on Sections 6 and 9 of the HAM Act and Section 56(3) of the Juvenile Justice Act. Justice Dhandapani emphasized that adoptions made under the HAM Act are exempt from the requirements of the Juvenile Justice Act, including the necessity for an adoption order by the District Magistrate. The Court held that the provisions of the Juvenile Justice Act, which apply to "abandoned," "orphaned," or "surrendered" children, do not extend to adoptions conducted under personal laws like the HAM Act.

Furthermore, the Court found that the adoption deed, executed with the biological mother's consent and validated by a civil court, was legally binding. The civil court's decree, which recognized the child as the adopted daughter of the petitioner, was deemed final and could not be overturned by an administrative order. The Court criticized the administrative authorities for overstepping their bounds and obstructing the child's welfare.

In conclusion, the Madras High Court set aside the administrative order and directed the authorities to issue a fresh birth certificate reflecting the names of the adoptive parents within four weeks. This decision reinforces the autonomy of personal laws in adoption matters and underscores the importance of safeguarding the welfare of adopted children.

Bottom Line:

Adoption under Hindu Adoptions and Maintenance Act, 1956 (HAM Act) does not require an adoption order from the District Magistrate under Juvenile Justice Act, 2015. Adoption made following Hindu rites and customs and validated by a decree of a civil court is legally valid.

Statutory provision(s): Hindu Adoptions and Maintenance Act, 1956 Sections 6, 9; Juvenile Justice Act, 2015 Section 56(3); Adoption Regulations, 2022 Regulation 40

A.Kannan v. Union Territory of Puducherry, (Madras) : Law Finder Doc id # 2800641