Safe Childhood India

Bombay High Court Upholds Adoption Orders by District Magistrates under the Juvenile Justice Amendment Act, 2021 (Order of the Court dtd 4.5.2026)

One of the most significant reforms introduced through the 2021 amendment to the Juvenile Justice (Care and Protection of Children) Act, 2015, was the transfer of authority for issuing adoption orders from courts to district magistrates. The amendment was challenged before the Bombay High Court on the ground that adoption is a sensitive judicial function requiring judicial expertise and that replacing courts with executive authorities violated constitutional principles. However, the Court upheld the constitutional validity of the amendment, observing that adoption proceedings are largely non-adversarial and governed by a detailed statutory and regulatory framework designed to safeguard the best interests of children.
The Court noted that the District Magistrate, as the head of the district child protection administration, is well placed to coordinate among various stakeholders, including DCPUs, CWCs, specialised adoption agencies, and CARA. It also highlighted the role of the CARINGS digital platform, prescribed timelines, in-camera proceedings, and post-adoption follow-up mechanisms under the Adoption Regulations, 2022.
The reform has been widely welcomed by adoptive parents and other stakeholders. There is no need for a lawyer or multiple hearings when there are already safeguards in place in the entire process followed under the JJ Act.