In a significant ruling, the Gujarat High Court has held that a registered adoption deed is legally binding and cannot be questioned by the Regional Passport Office, directing the authorities to process a minor girl’s passport application filed through petitioner on the basis of the deed.
The single judge bench of the high court, while allowing a petition filed by a UAE-based woman, observed, “Once the deed of adoption is registered, the same cannot be called in question by the Regional Passport Office. The passport authority is bound by law to take cognisance of the registered adoption deed.”
The court directed the passport authority to decide the fresh application on its own merits, in light of the registered adoption deed dated July 20, 2016 and the Ministry of External Affairs’ Office Memorandum dated November 14, 2024, preferably within six weeks.
The petitioner and her husband, residents of the United Arab Emirates, had adopted the minor girl. The passport authority closed the fresh application seeking issuance of minor passport through petitioner on the ground that the adoption was invalid under the Hindu Adoptions and Maintenance Act (HAMA) since the adoptive parents belonged to different religions and therefore insisted on production of a proper court adoption order.