Close relatives can adopt a child under provisions of JJ Act: Bombay HC

A single judge bench of justice Manish Pitale on Wednesday struck down an order passed by District Judge-1, Yavatmal, rejecting an application filed by a local couple to adopt the daughter of the man’s sister.

The Nagpur bench of the Bombay high court (HC) has held that adoption under the Juvenile Justice (Care and Protection of Children) Act, 2015 cannot be restricted to abandoned, orphaned or surrendered children, and added that a person can adopt the child of a close relative under the Act.

HC said, in the present case, the child is sought to be adopted by the maternal uncle and aunt of the child and they are clearly covered by the definition of “relative” as appearing in section 2(52) of the JJ Act, 2015. (File photo)

A single judge bench of justice Manish Pitale on Wednesday struck down an order passed by District Judge-1, Yavatmal, rejecting an application filed by a local couple to adopt the daughter of the man’s sister. The district judge rejected the application saying the minor girl was neither a child in conflict with the law or one needing care and protection, and therefore the proposed adoption cannot be allowed under provisions of the JJ Act.

The adoptive parents then moved the HC. Their counsel advocate Ira Khisti pointed out that the district judge erred in taking an extremely strict view and submitted that a proper appreciation of the provisions of the JJ Act and Adoption Regulations, 2017 would show that the legislature has consciously made provisions for adoption of a child by relatives.

Amicus curiae KT Mirza supported her by pointing out that certain additional provisions are made in the JJ Act which provide for adoption by a relative and also brought to the notice of the court the schedule to the regulations, laying down specific formats for consent etc. in cases of adoption by relatives — maternal or paternal uncles or aunts or grand-parents.

Justice Pitale accepted their contentions and said, “A perusal of the provisions of JJ Act shows that an elaborate procedure is laid down and contemplated for adoption of a child by relatives, who are also specified under the said enactment.”

“If adoption under the JJ Act, 2015 was to be restrictively applicable only to children in conflict with law or those in need of care and protection, such elaborate provisions governing the procedure for adoption by relatives or step-parents would not have been provided for,” the court added.

Justice Pitale said that under the scheme of the JJ Act and Adoption Regulations, “adoption cannot be restricted only to children in conflict with law or those in need of care and protection or only those children who are orphaned, abandoned or surrendered,” and therefore, the application filed by the applicant couple could not have been rejected.

HC said, in the present case, the child is sought to be adopted by the maternal uncle and aunt of the child and they are clearly covered by the definition of “relative” as appearing in section 2(52) of the JJ Act, 2015 and directed the district judge to decide the application jointly filed by the couple seeking to adopt the child as well as the biological parents for adoption the girl child.