In a significant ruling, the Supreme Court of India has held that the legal recognition of an adoption must take into account the date when the actual adoption took place, rather than when it was formally registered. The judgment in Prema Gopal v. Central Adoption Resource Authority & Ors. (SLP (C) No. 14886/2024) underscores that procedural formalities should not override the substantive reality of adoption, particularly when it has been conducted in accordance with the Hindu Adoptions and Maintenance Act, 1956 (HAMA, 1956).
A division bench comprising Justice B.V. Nagarathna and Justice Satish Chandra Sharma delivered the ruling, emphasizing the importance of considering the actual date of adoption rather than the date of formal documentation.
Background of the Case
The petitioner, Prema Gopal, a United Kingdom (UK) citizen, had adopted twin minor children on January 9, 2020, through a customary Hindu adoption ceremony conducted in the presence of relatives and friends. The adoption was later formalized by a Deed of Adoption registered on September 19, 2022.
The Central Adoption Resource Authority (CARA), along with other respondents, contended that since the petitioner was residing abroad, her adoption process had to comply with Chapter VIII of the Adoption Regulations, 2022, which governs inter-country adoptions. They argued that the date of registration (September 19, 2022) should be considered the effective date of adoption rather than the original date (January 9, 2020) when the adoption ceremony actually took place.
Key Legal Issues Before the Court
1. Interpretation of Section 16 of HAMA, 1956 – Whether the presumption of adoption applies when an adoption deed is registered later, or whether it relates back to the original adoption date.
2. Application of Adoption Regulations, 2022 (Regulation 67) – Whether inter-country adoptions executed before the 2021 amendment should be evaluated based on the date of adoption or the date of registration.
3. Compliance with Inter-Country Adoption Procedures – Whether adoption by a foreign national under HAMA should be subject to the Hague Adoption Convention and international adoption laws.
Observations and Ruling by the Supreme Court
The Supreme Court, after hearing Senior Advocates Anil Malhotra and Ranjit Malhotra for the petitioner and Additional Solicitor General (ASG) Aishwarya Bhati for CARA, ruled in favor of the petitioner, stating:
“The fact that the Deed of Adoption was executed in 2022 does not alter the reality that the adoption itself took place in 2020. Adoption is a legal act that is recognized by performance, and subsequent formalities should not deprive its original legal standing.”
The Court further observed that:
“Since the petitioner is a citizen of the United Kingdom, the procedural compliance under the Adoption Regulations, 2022, must be followed. However, the legal sanctity of adoption under HAMA, 1956, cannot be denied solely on the ground that registration was done later.”
Accordingly, the Supreme Court issued the following directives:
– Respondent No. 3 (Collector) and Respondent No. 2 must accept the petitioner’s application with all supporting documents within one week.
– Authorities must process and decide the application within two weeks, considering the adoption date as January 9, 2020.
– The petitioner must be given the right to a hearing, either in person or through her counsel.
– A copy of the final decision must be submitted to the Supreme Court by March 5, 2025.
