1. Inter-country adoption under the Hindu Adoptions and Maintenance Act, 1956 — Dispute over the applicability of Adoption Regulations, 2022 based on the date of adoption. (Para 2 , 4 )
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2025 Supreme(SC) 1007
SUPREME COURT OF INDIA
B.V. Nagarathna, Satish Chandra Sharma, JJ.
Prema Gopal – Petitioner
Versus
Central Adoption Resource Authority & Ors. – Respondents
Petition(s) for Special Leave to Appeal (C) No(s). 14886/2024
Decided On : 29-01-2025
Advocates Appeared:
For the Petitioner: Mr. Anil Malhotra, Adv., Mr. Ranjit Malhotra, Adv., Mr. Viresh B. Saharya, AOR, Mr. Ankit Malhotra, Adv., Mr. Akshat Agarwal, Adv., Mr. Rishabh Mathur, Adv.
For the Respondent: Ms. Aishwarya Bhati, A.S.G., Mr. R Balasubramanian, Sr. Adv., Shubham Saxena, Adv., Shivika Mehra, Adv., Astha Singh, Adv., Advitiya Awasthi, Adv., Abhijeet Singh, Adv., Dr. N. Visakamurthy, AOR, Ms. G. Indira, AOR, Ms. Gandeepan, Adv.
For the Petitioner: Mr. Anil Malhotra, Adv., Mr. Ranjit Malhotra, Adv., Mr. Viresh B. Saharya, AOR, Mr. Ankit Malhotra, Adv., Mr. Akshat Agarwal, Adv., Mr. Rishabh Mathur, Adv.
For the Respondent: Ms. Aishwarya Bhati, A.S.G., Mr. R Balasubramanian, Sr. Adv., Shubham Saxena, Adv., Shivika Mehra, Adv., Astha Singh, Adv., Advitiya Awasthi, Adv., Abhijeet Singh, Adv., Dr. N. Visakamurthy, AOR, Ms. G. Indira, AOR, Ms. Gandeepan, Adv.
Adoption procedures for inter-country adoption must prioritize the actual adoption date over the date of registration to comply with statutory requirements.
Headnote:(A) Hindu Adoptions and Maintenance Act, 1956 - Section 16 - Adoption (Amendment) Regulations, 2021 - Inter-country adoption procedures - Petitioner, a citizen of UK, adopted twins, formalized by a registered Deed of Adoption, which is said to relate back to the adoption date of 09.01.2020. The court emphasized the need for adherence to provisions in the Regulations, 2022. (Paras 3, 5, 10, 11, 15)
(B) Adoption procedure - The court found in favor of the petitioner’s argument that the registration date should not hinder the acknowledgement of the adoption date for procedural purposes under the relevant regulations. (Paras 6, 9, 15)
Facts of the case:
The petitioner adopted two minor children on 09.01.2020, with the Deed of Adoption being registered later, leading to procedural contention regarding inter-country adoption requirements.
Findings of Court:
Directives were issued to the relevant authorities to entertain the application and consider it under the appropriate regulations in light of the established adoption date.
Issues: The primary issue addressed was the implications of the adoption date versus the registration date concerning inter-country adoption regulations.
Ratio Decidendi: The court ruled that the formal adoption date should be given primacy over the registration date for procedural compliance.
Result: Directions issued to the authorities to process the application with appropriate consideration.
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Table of Contents
2. Whether a registered adoption deed relates back to the date of the physical adoption ceremony for determining applicability of the Adoption Regulations, 2022. (Para 3 , 6 , 7 )
3. The court observed that the date of the physical act of adoption is the material date for considering the application under the Adoption Regulations, 2022. (Para 9 , 11 )
4. A registered adoption deed relates back to the date of the physical act of adoption for the purpose of applying the Adoption Regulations, 2022. (Para 9 , 11 )
5. Direction to authorities to entertain and consider the adoption application within a specified timeframe, bearing in mind the actual date of adoption. (Para 10 , 11 , 14 )
6. Does a registered adoption deed relate back to the date of the physical adoption ceremony for regulatory purposes?
Yes, the court held that where the physical act of adoption and religious ceremonies were performed on a specific date, the subsequent registration of the adoption deed relates back to that date for the purpose of applying Regulation 67 of the Adoption Regulations, 2022. (Para 6 , 9 , 11 )
7. What regulations govern the adoption of children under the Hindu Adoptions and Maintenance Act, 1956 by parents residing outside India?
Such adoptions are governed by Chapter VIII of the Adoption Regulations, 2022, which requires verification of documents by the District Magistrate and the issuance of a no objection certificate or support letter by the Central Adoption Resource Authority. (Para 4 , 5 )
ORDER :
We have heard learned counsel for the petitioner, learned ASG appearing for respondent no.1 and Smt. G.Indira for respondent nos. 2 and 3 and perused the voluminous material that has been appended to the memorandum of the Special Leave Petition.
2. Learned counsel appearing for the petitioner submitted that the petitioner is a citizen of United Kingdom (UK), who has adopted two minor children (twins) on 09.01.2020 vide Annexures P-1 and P-2 appended to the Special Leave Petition. He further submitted that the said adoption of the two minor children was further incorporated by a Deed of Adoption dated 19.09.2022 (Annexures P-4 and P-5), which clearly indicate that the physical act of giving and taking of both the twin children in adoption was performed on 09.01.2020 along with the performance of the Hindu religious ceremonies in the presence of relatives and friends, which is also supported by Annexure P-1/Invitation.
3. Learned counsel submitted that having regard to Section 16 of the Hindu Adoptions and Maintenance Act, 1956 (for short, “the HAMA, 1956”), there is a presumption as to registered documents relating to adoption.
4. Since the petitioner herein is a citizen of UK, the procedure for adoption of children under the HAMA, 1956 by parents who desire to relocate the child abroad, as envisaged under Chapter VIII of the ADOPTION REGULATIONS , 2022 (“Regulations, 2022”) has to be followed.
5. In this regard, our attention was drawn to Regulations 64 and 67 of the Regulations, 2022, which read as under -
“64. This Chapter shall apply to — (a) all adoption cases under the Hindu Adoptions and Maintenance Act, 1956 (78 of 1956) by prospective adoptive parents or adoptive parents residing outside the country and
(b) all adoption cases pertaining to countries outside the Hague Adoption Convention.
67. Procedure in the case of registered adoption deed.? (1) In the cases where the adoption deed has already been executed in pursuance of adoption under the Hindu Adoptions and Maintenance Act, 1956 (78 of 1956), before the commencement of the Adoption (Amendment) Regulations, 2021, the requisite documents supporting the facts of the adoption deed shall be duly verified and recommended by the District Magistrate in the format as provided in Schedule XXXV.
(2) On receipt of the verification of documents as per Schedule XXXV, the Central Adoption Resource Authority shall comply with the provisions of Articles 5 or 17 from the receiving country as provided in the Hague Adoption Convention.
(3) Upon receiving such certificate, the Central Adoption Resource Authority shall issue no objection certificate for Hague ratified countries and in cases of countries outside the Hague Convention on Protection of Children and Co-operation in respect of Inter-country Adoption, the Central Adoption Resource Authority shall issue a support letter upon receiving a letter accepting the said adoption from the Government department.”
6. Learned counsel submitted that although the adoption of the twin children in the instant case took place on 09.01.2020, the Deed of Adoption was subsequently registered on 19.09.2022. He submitted that the said Deed of Adoption would relate back to 09.01.2020, on which date the religious ceremonies were performed in the presence of relatives and friends for the formal adoption of the children under the provisions of the HAMA, 1956. In the circumstances, Regulation 67 has to be read in a manner relatable to the date of adoption. The submission of learned counsel was that although the Deed of Adoption was registered on 19.09.2022 which is subsequent to the commencement of the Adoption (Amendment) Regulations, 2021, the said Deed of Adoption relates back to the date of adoption being 09.01.2020. In the circumstances, there can be no hurdle in the consideration of the case of the petitioner herein under Regulation 67 of the Regulations, 2022. Therefore, he urged that initially a direction may be issued to respondent no.3/Collector
