For Muslims, registered adoption deed not valid for adoption: Court
Ahmedabad: A city civil court here rejected a Muslim couple's application seeking permission to adopt a child because the couple followed the process of preparing an adoption deed and getting it registered. The couple urged the court to grant the adoption permission under Section 7 of the Guardians and Wards Act. However, the court stated that Muslims cannot adopt a child in this manner due to legal incompatibility with the existing adoption law applicable to Muslims.In this case, the couple was married for 18 years but was not blessed with a child. They decided to adopt a relative's son, who was born in 2017. They adopted the child in Oct 2021 by entering into an adoption deed and got it registered with the sub-registrar Ahmedabad-1 (City). On the strength of this registered adoption deed, the adoptive parents and the biological parents approached the court for permission for adoption.
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The parents submitted before the court that the adoption deed suggested that the adopted child is protected and his interest is preserved in the family of adoptive parents because the couple has a good financial position. The deed also revealed the willingness of the biological parents.Despite the mutual agreement and the financial stability of the prospective adoptive parents, the court found the application legally untenable. Additional district judge P I Prajapati pointed out the limitations of adoption under Muslim personal law, which does not recognise adoption in the same manner as other legal frameworks in India.The court referred to the Supreme Court's decision of 2014 in Shabnam Hasmi v/s UOI, which allows adoption for Muslims through the Juvenile Justice (Care and Protection of Children) Act, 2015 only, rather than through personal law. Until then, Muslims were not legally entitled to adopt a child but could only claim guardianship rights of a child.The court also cited a notification issued on Sep 23, 2022, by the ministry of women and child development, which framed "the Adoption Regulations 2022". The court further stated, "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. Hence, this court is of the opinion that the present application deserves to be dismissed."