CIVIL LAW IS RECOGNISEDUNDER CANON LAW: JUSTICE A. BADHARUDEEN

In India, the legal framework for adoption among Christians has been shaped by various judicial interpretations and statutes. Historically, personal laws governing Christians did not explicitly recognize adoption, leading many to seek guardianship under the Guardians and Wards Act, 1890. This act, however, only established a guardian-ward relationship without conferring the full filial rights inherent in biological parentage.

A significant development occurred with the Kerala High Court’s ruling in Philips Alfred Malvin v. Y.J. Gonsalvis (1999). In this case, the court acknowledged that while there was no specific statute for adoption among Christians, adoption itself was not prohibited. The court noted that Canon Law recognizes adoptions made in accordance with civil law, stating: “Children, who have been adopted according to the norm of civil law are considered the children of the person or persons who have adopted them.” This recognition implies that a valid adoption under civil law grants the adopted child rights akin to those of a biological child, including inheritance rights.

Further reinforcing this perspective, the Supreme Court of India in Pharez John Abraham (Dead) vs. Arul Jothi Sivasubramaniam K. (2019) observed that there is no prohibition against adoption in Christian law, even for couples with biological children. The court emphasized that adoption serves to transplant a child into a new family, granting them the same rights as a natural-born child.

It’s also noteworthy that the Delhi High Court, in a 2021 judgment, declared a Christian couple as adoptive parents to a minor Hindu girl. The court highlighted that while personal laws of Hindus recognize adoption, Christians must adhere to procedures outlined in secular statutes like the Juvenile Justice (Care and Protection of Children) Act for adoption, as their personal laws do not provide for it.

These judicial pronouncements underscore that, in the absence of explicit personal laws governing adoption among Christians in India, valid adoptions carried out under civil statutes are recognized, and the adopted children are entitled to the same rights as biological offspring, including inheritance.​christianfort.com

Sources