In a significant ruling that underscores the complex interplay between personal laws and statutory provisions, a city civil court in Ahmedabad has rejected a Muslim couple's application seeking legal permission to adopt a child. The court held that the process followed by the couple—preparing and registering an adoption deed—was not legally valid under the framework governing Muslims in India.
The Couple's Long Journey and Adoption Attempt
Married for 18 years and without biological children, the couple decided to adopt a son born in 2017, who was a relative's child. In October 2021, they formalized this arrangement by executing an adoption deed and having it registered with the sub-registrar in Ahmedabad-1 (City). Armed with this registered document and accompanied by the child's biological parents, they approached the court seeking formal adoption permission under Section 7 of the Guardians and Wards Act, 1890.
The applicants presented their case, emphasizing their strong financial position, which they argued would ensure the child's protection and welfare. The adoption deed also clearly documented the consent and willingness of the biological parents. Despite this mutual agreement and the evident financial stability of the adoptive parents, the court found the application could not be legally sustained.
Court Cites Legal Incompatibility with Muslim Personal Law
Presiding over the case, Additional District Judge P I Prajapati delivered the judgment, pointing out the inherent limitations within Muslim personal law concerning adoption. The court clarified that Muslim personal law does not recognize adoption in the same manner as other legal systems in India. It creates a relationship of guardianship rather than the full legal parent-child relationship established by adoption under other statutes.
The judgment extensively referenced the landmark 2014 Supreme Court verdict in the case of Shabnam Hashmi vs Union of India. This pivotal ruling affirmed that Muslims in India are permitted to adopt, but the pathway is through the secular Juvenile Justice (Care and Protection of Children) Act, 2015, and not through their personal law. Prior to this judicial interpretation, Muslims could only obtain guardianship rights over a child, not legal adoption status.
New Adoption Regulations Seal the Court's Decision
Further strengthening its position, the court cited a notification dated September 23, 2022, issued by the Ministry of Women and Child Development, which framed the Adoption Regulations, 2022. Reading these regulations in conjunction with the Juvenile Justice Act, 2015, the court concluded it lacked jurisdiction to entertain the application based on the presented adoption deed.
"As per the provision of said regulation read with the Juvenile Justice (Care and Protection of Children) Act, 2015, this court has no jurisdiction to entertain and decide the present application because said adoption deed is not valid and does not confer any rights to the applicants," the court stated. Consequently, it held that the application deserved to be dismissed.
The ruling highlights a critical procedural distinction for prospective adoptive parents from the Muslim community. It reinforces that while adoption is possible, it must be channeled through the specific procedures outlined in the Juvenile Justice Act and its accompanying regulations, rendering privately registered adoption deeds legally insufficient for securing full adoption rights.
