The Bombay High Court has clarified that it has not halted adoption processes and that they can proceed as they were before the amendment to the Juvenile Justice Act. In January, the court issued an interim order staying the transfer of adoption cases from civil courts to District Magistrates, but it did not impede ongoing adoptions.
The amendment under challenge grants exclusive jurisdiction over adoption cases, including foreign adoptions, to District Magistrates, whereas civil courts handled these cases previously.
The High Court's clarification came in response to news reports suggesting that adoptions had come to a standstill following the court's order in January. The court emphasized that ongoing and new adoption matters should not be transferred to the District Magistrates until the constitutional challenge to the amendment is decided. Civil courts will continue to handle adoption cases until the matter is finally disposed of, which is expected to be on July 7.
The court further directed that all case papers and documents transferred to the District Magistrates under the September 2022 notification should be sent back to the concerned civil courts. The clarification aims to ensure that adoption processes can proceed smoothly and that there is no unnecessary delay or confusion.
The challenge to the amendment to the Juvenile Justice Act, which replaced the authority to finalize adoptions from courts to District Magistrates, will be heard by the Bombay High Court next month. The petitioners argue that the amendment removes judicial supervision from the adoption process, and they seek to establish the constitutional validity of the amendment.
The High Court reiterated that the interim order was not intended to stall foreign adoptions, and they can continue before the court as before. The clarification brings relief to prospective adoptive parents and emphasizes the importance of the best interests of children involved in the adoption process.
The Bombay High Court will proceed with final arguments and disposal of the matter in the upcoming hearing, where the constitutional validity of the amendment and its implications on adoption procedures will be thoroughly examined.
Picture Source :
