The Madras High Court (Madurai Bench) has held that Muslim couples can adopt a child under the Juvenile Justice (Care and Protection of Children) Act, 2015, but they must follow the procedure prescribed under the Act and the Adoption Regulations, 2022. Merely executing and registering an adoption deed is not legally valid.

Justice G.R. Swaminathan in a petition for seeking direction to the Sub-Registrar, Melur East, to register an adoption deed executed by him and his wife for adopting his nephew. The registering authority had refused registration, citing the couple’s religion.

The Court observed that while Islamic law does not recognize adoption, the JJ Act is an enabling legislation that permits adoption regardless of religion. Citing the Supreme Court’s ruling in Shabnam Hashmi v. Union of India (2014) 4 SCC 1, the Court reiterated that Muslims are free to adopt under the statutory framework of the JJ Act.

However, Justice Swaminathan clarified that such adoption must strictly comply with the statutory process registration through the Designated Portal, verification by the District Child Protection Unit, and approval by the District Magistrate. Once an adoption order is issued by the District Magistrate, no separate registration is required.

While dismissing the plea for mandamus, the Court directed the authorities to complete the verification within three weeks and dispose of the adoption application promptly. The Court also emphasized that the JJ Act, read with Article 15(3) of the Constitution, prevails over personal laws in matters concerning child welfare and adoption.

Appearances:

For Petitioner : Mr.M.Pandian

For Respondents : Mr.G.V.Vairam Santhosh Additional Government Pleader