The Madras High Court has ruled that the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) take precedence over Muslim personal law in matters of adoption. The Court held that once a child is adopted under the JJ Act, the adopted child is to be treated in the same manner as a biological child, enjoying equal legal rights and status.
The case arose from a petition filed by a Muslim man seeking to register an adoption deed executed by him and his wife on September 13, 2025, for adopting the child of his deceased brother. The couple, who had no biological children, had presented the adoption deed for registration, but the registering authority refused, stating that Muslim personal law does not recognize adoption in the same way as the JJ Act. According to the authority, Muslims could only take custody of a child under their personal law, not legally adopt one as provided under the JJ Act.
Justice G.R. Swaminathan examined the issue of whether personal law could override the provisions of the JJ Act. The Court observed that Section 1(4) of the JJ Act clearly stipulates that the Act applies “notwithstanding anything inconsistent contained in any other law for the time being in force.” Further, Section 63 of the Act specifies that an adopted child shall be deemed to be the biological child of the adoptive parents and shall have the same legal rights as a natural-born child. The Court emphasized that these provisions, read in light of Article 15(3) of the Constitution—which allows for special provisions in favor of children—establish that the JJ Act is a special welfare statute that must prevail over personal laws in case of conflict.
The Court clarified that the JJ Act provides an option for Muslim individuals who wish to legally adopt a child, ensuring full recognition of the parent-child relationship under Indian law. It stated that personal law does not restrict a person from proceeding under a secular statute enacted for child welfare. The judgment directed that the petitioners could proceed with the adoption process as per the Adoption Regulations, 2022. The District Child Protection Unit was instructed to verify their application within three weeks, and the District Magistrate was directed to dispose of the adoption application within another three weeks.
This ruling reinforces the supremacy of statutory welfare laws designed for the protection and well-being of children over personal laws that may be inconsistent with such objectives. It underscores that when legislation is enacted to uphold the rights and welfare of children, such provisions will override personal or religious laws to the extent of any inconsistency. The judgment ensures that the JJ Act remains a comprehensive and inclusive framework governing adoption in India, accessible to all citizens regardless of religion.
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