Madras High Court: Adoption under Hindu Law Doesn’t Need District Magistrate’s Approval
In a landmark judgment, the Madras High Court (MHC) has ruled that an adoption carried out under the Hindu Adoptions and Maintenance Act, 1956 (HAMA) is valid even if no formal adoption order from the District Magistrate is obtained under the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act). The bench, led by Justice M. Dhandapani, directed the Registrar of Births & Deaths in Puducherry to issue the child’s birth certificate within four weeks, naming the adoptive parents properly.
Case Background
The petition (W.P. No. 39430 of 2025) was filed by Mr. A. Kannan, who married Ms. K. Sheela under Hindu rites in January 2006. Unable to have a biological child, they adopted a baby girl born on 26 April 2022 at Cluny Hospital, Puducherry. The biological mother, Ms. Vijayalakshmi (age 18 at time of birth), and the child’s grandparents consented to the adoption. A “Datta Homam” ceremony was held 5 May 2022, and an adoption deed (Doc. No. 1595/2022) was registered on 7 September 2022. The child was named “K. S. Saatvika” on 2 October 2022.
Subsequently, the adoptive parents registered a suit (O.S. No.189 of 2023) in the Principal District Munsif Court, Puducherry, seeking a declaration that Saatvika was their lawful adopted daughter and an injunction against disputes. The suit was decreed on 30 November 2023 and has attained finality.
When the petitioner applied for a birth certificate naming the child and adoptive parents, the Sub-Registrar (3rd respondent) rejected the application on the ground that no adoption order was obtained from the District Magistrate under Regulation 40 of the Adoption Regulations, 2022. The MHC admitted the petition under Article 226 of the Constitution of India and heard the matter.
Legal Issues & Court’s Findings
The core question was whether HAMA alone applies to the adoption in question or whether the JJ Act and Adoption Regulations, 2022 override or supplement HAMA in this case.
1. Applicability of HAMA vs JJ Act
The court held that HAMA is a “self-contained code” for Hindus and governs valid adoptions between Hindus under personal law. Section 56(3) of the JJ Act expressly states that “Nothing in this Act shall apply to adoption of children made under the provisions of the Hindu Adoption and Maintenance Act, 1956.”
Hence, where an adoption is made under HAMA, the procedural requirements of the JJ Act (such as District Magistrate’s order for orphans/abandoned/surrendered children) do not apply.
2. Registered Deed of Adoption
The petitioners had a registered adoption deed (Doc No. 1595/2022) with the Sub-Registrar, and the suit was decreed recognising the child as their adopted daughter. The court observed that once HAMA’s requisites (capacity to adopt, capacity to give in adoption, adoptable child, and compliance with conditions under Section 6 of HAMA) are fulfilled, the adoption is valid.
3. Adoption Regulations, 2022 & Birth Certificate Issuance
Under Regulation 69 of the Adoption Regulations, 2022, the Deed is forwarded with inquiry by District Magistrate where required. Regulation 40 mandates that local registrar shall issue birth certificate to adopted child incorporating names of adoptive parents on the basis of adoption order issued by the District Magistrate.
The court however found that this requirement in Regulation 40 is not applicable to HAMA adoptions where the children are not “orphan, abandoned or surrendered child” as defined by those Regulations. Since the child was adopted under HAMA and not under the JJ Act regime, the demand for DM’s order was held to be legally untenable.
4. Administrative order cannot override court decree
The court emphasised that an administrative order refusing to issue a birth certificate cannot override a court judgment (the decree of 30 Nov 2023) that has attained finality, for recognition of legal parental status of the child.
Court’s Direction
Accordingly, Justice Dhandapani directed the Sub-Registrar, Registrar of Births & Deaths, Puducherry (3rd respondent) to:
- Within four weeks from receipt of the order, issue a fresh birth certificate for “K. S. Saatvika” recording the adoptive parents A. Kannan and K. Sheela.
- The certificate should recognise them as legal parents and the child’s date of birth as 26 April 2022 as per original hospital record.
- No costs awarded — the petition is allowed.
Significance of the Judgment
- This ruling brings clarity to Hindu families who adopt under HAMA but face administrative hurdles demanding DM orders and JJ Act formalities.
- Helps reduce delays and administrative harassment in issuance of birth certificates and other documents for adopted children under Hindu law.
- Reinforces that personal law adoptions (HAMA) and child-welfare adoptions (JJ Act) work in parallel tracks, not one overriding the other.
- Encourages registrars to act fairly rather than defaulting to blanket requirements meant for JJ Act-style adoptions.
What the Laws State
Hindu Adoptions and Maintenance Act, 1956 (HAMA):
- Section 6: Requisites of valid adoption.
- Section 9: Persons capable of giving in adoption (father/mother/guardian).
- Applies to Hindus adopting children under personal law.
Juvenile Justice (Care & Protection of Children) Act, 2015 (JJ Act):
- Deals with orphans, surrendered and abandoned children.
- Section 56(3): Exempts HAMA adoptions from its application.
Adoption Regulations, 2022:
- Define eligibility, procedure under JJ Act regime.
- Regulation 40: Issue of birth certificate for adopted child (under JJ Act pathway).
- Regulation 69: Adoption process under HAMA route is still possible via Deed and registration.