Adoption Processes Of Children Are Not Stopped By A Stay Order Issued On January 10 - Bombay HC

The Bombay High Court recently clarified that the adoption processes of children are not affected by a stay order issued on January 10. The order was related to a pending legal challenge against an amendment to the Juvenile Justice (Care and Protection of Children) Amendment Act 2021 (JJ Act). The contested amendment grants District Magistrates exclusive authority over adoption cases, including those involving foreign adoptions. Before the amendment, adoption cases were handled by civil courts.

On January 10, a bench led by Justice GS Patel issued a stay order on the amendment, specifically concerning the transfer of adoption case papers/documents from civil courts to District Magistrates. However, a report from the Indian Express revealed that the adoption process and final adoption orders for many Prospective Adoptive Parents (PAPs) in Maharashtra came to a halt on January 11 following the Court's stay order.

In response to this situation, the Court clarified on Friday that its January 10 order did not suspend adoptions. Instead, the bench clarified that it only put a stop to the transfer of those cases to District Magistrates, without suspending the overall adoption process.

The Court issued further instructions that required the transfer of all case papers from District Magistrates back to the respective civil courts until a decision is made on the pending petition that challenges the amendment to the JJ Act. A writ petition was filed in the High Court seeking a suspension of communication issued on September 30, 2022, which directed the transfer of all adoption cases to District Magistrates.

On January 10, the Court temporarily halted the implementation of the September communication and directed that adoption matters pending before the courts should not be transferred to District Magistrates for resolution. It also instructed the courts to continue handling the adjudication of adoption matters that were already part of their records.

However, according to the report by the Indian Express, all adoption cases were transferred to the District Magistrates between September 2022 and January 10, 2023, following the communication. Due to the subsequent stay imposed by the High Court, the District Magistrates were unable to take action on these case papers, resulting in a state of uncertainty for all these cases. 

The challenge to the amendment of the JJ Act will be heard by the High Court on July 7, 2023.