Supreme Court to decide if Hindu adoptions governed by Hindu Law or Juvenile Justice Act

Satya Prakash

New Delhi, July 17

Whether adoption of children under Hindu Law by an overseas citizen of India single Hindu parent will be governed by the Hindu Adoption and Maintenance Act or the Adoption Regulations under the Juvenile Justice Act?

Adoptions by Hindus under Hindu Law are governed by Hindu Adoption and Maintenance Act, while adoption of children without known parents takes place under the Juvenile Justice Act.

Acting on a petition moved by the single adoptive parent — who had adopted twin children born to her brother by surrogacy, a Bench led by Chief Justice of India DY Chandrachud on Tuesday issued notice to the Central Adoption Resource Authority (CARA) and State of Tamil Nadu and posted the matter for further hearing on July 26.

The Bench asked CARA and the Tamil Nadu Government to spell out their respective stand on the vexed issue after advocates Anil Malhotra and Ankit Malhotra pointed out on behalf of the adoptive parent that both the parties and children were Hindus by religion and they should be government by the Hindu Law alone.

They said NOCs from CARA were essential under The Hague Adoption Convention ratified by India to enable the children to get British visas to join their adoptive mother living in the UK. The convention recognizes Hindu Law adoptions upon verification by CARA.

After solemnizing Hindu adoption ceremonies in 2020, and executing registered adoption deeds in 2022, the adoptive parent approached CARA for No Objection Certificates (NOC) to enable grant of British visas to the twin adoptive children.

Getting no positive response from CARA, the adoptive mother moved the Madras High Court for grant NOCs from CARA. However, she was forced to move the Supreme Court after the high court on April 17 turned down her plea.

Advocates Anil Malhotra and Ankit Malhotra argued before the top court that the lengthy CARA procedure did not apply to adoptions under the Hindu Law done by parents themselves, and that the Hindu adoptions were irreversible.

Contending that Hindu adoptions were not governed by the Juvenile Justice Act and Adoption Regulations of CARA, they submitted that keeping the adopted twins apart from their adoptive parent was not in the best interest and welfare of the children, who were living apart in Chennai from the adoptive parent for five years.

Rehabilitation and integration of children for providing rights to family life were violated by CARA in prescribing unwarranted procedures which were inapplicable in adoptions under Hindu Law. The Hague Adoption Convention itself recognized adoptions under domestic law and CARA itself was issuing support letters in non-Hague cases, the counsel said.

As the adoptive parent’s pleas made since 2022 did not find favours with CARA, the adopted twins continue to reside in Chennai – separated from their UK-based adoptive mother.