adoption lawsHON’BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE G.ARUL MURUGAN WP No. 4794 of 2024 B.Shama

by Sekar Reporter · December 11, 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.11.2025
CORAM
THE HON’BLE MR.MANINDRA MOHAN SHRIVASTAVA,
CHIEF JUSTICE
AND
THE HON’BLE MR.JUSTICE G.ARUL MURUGAN WP No. 4794 of 2024
B.Shama
Petitioner(s) Vs
Union Of India
Rep. By Its Secretary To Government, Ministry
Of Women And Child Department, Shastri
Bhawan , Dr. Rajendra Prasad Road, New
Delhi 110 001 and 5 Others
Respondent(s) For Petitioner(s):
Ms.Karthikaa Ashok
For Respondent(s):
Mr.AR.L.Sundaresan,
Additional Solicitor General Of India For Mr.R.K.Gandhi For R1, R2 And R5.
Mr.A.Edwin Prabakar,
State Government Pleader Assisted By
Mr.T.K.Saravanan,
Additional Government Pleader For R3 & R4.
ORDER
(Order of the Court was made by the Hon’ble Chief Justice)
While challenging the validity of the adoption laws, as contained in the Hindu Adoption and Maintenance Act, 1956 and the Central Adoption Resource Authority (CARA) guidelines framed under the Juvenile Justice (Care and Protection of Children) Act, 2015 in the matter of adoption as discriminative and against the spirit of the provisions contained in the Transgender Persons (Protection of Rights) Act, 2019, learned counsel for the petitioner would submit that after the enactment of Act of 2019, which was enacted to provide for protection of rights of transgenders and their welfare, the provision contained in Rule 5 of the CARA Guidelines wherever uses the expression, “male” and “female”, should be read as including “transgender”, which alone would advance the object and purpose of the Act of 2019. It is submitted that under the present scheme of the Act, and various proforma for applying online on the website of CARA do not allow or admit a transgender to apply and seek adoption under the scheme of the Juvenile Justice Act.
2. Notice was taken by the Additional Solicitor-General of India earlier, but reply has not been filed so far. The Juvenile Justice Act, 2015, being central legislation and CARA functioning under the general control and supervision of the Central Government, is required to make it clear by an appropriate affidavit as to why the CARA guidelines has so far not been amended or no guidelines issued in fulfillment of statutory obligation under Section 8 of the Act of 2019 to include transgenders also for the purpose of statutory adoption as envisaged under the Juvenile Justice Act and CARA guidelines.
3. Learned Additional Solicitor-General of India prays for one more opportunity.
4 List on 04.12.2025.
(MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.)
03.11.2025
TAR

IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)

UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA.

W.P.No. 4794 OF 2024.

B. Shama,
D/o. Balasubramaniam,
No.13, Purushothamman Nagar,
14th Street, Teachers Colony,
Putharagam,
Kolathur,
Chennai – 600 099. …Petitioner.

Vs.

1. Union of India
Rep. by its Secretary to Government,
Ministry of Women and Child Department,
Shastri Bhawan,
Dr. Rajendra Prasad Road,
New Delhi – 110 001.

2. The Secretary to Government,
Ministry of Social Justice and Empowerment,
A-Wing,
Shastri Bhawan,
Dr. Rajendra Prasad Road,
New Delhi – 110 001.

3. The State of Tamil Nadu
Rep. by its Principal Secretary,
Social Welfare and Nutritious Meal Programme Department,
Fort St. George,
Chennai – 600 009.

4. The Additional Secretary to Government,
Health and Family Welfare Department,
Fort St. George,
Chennai – 600 009.

5. Central Adoption Resource Authority,
Rep. by its Member Secretary,
West Block -8, Wing – 2,
1st Floor, R.K. Puram,
New Delhi – 110 066. …Respondents.

AFFIDAVIT.

I, B. Shama, daughter of Balasubramaniam, Hindu, aged about 37 years, residing at No.13, Purushothamman Nagar, 14th Street, Teachers Colony, Putharagam, Kolathur, Chennai – 600 099, do hereby solemnly affirm and sincerely state as follows:-

1. I am the Petitioner herein and as such I am well acquainted with the facts and circumstances of this case.

2. I submit that I have filed the above Writ Petition for issuance of a WRIT OF DECLARATION, to declare the word “Female” mentioned in Section 7 of the Hindu Adoption and maintenance Act, 1956 and in the Guideline 5(c) of the Guidelines Governing Adoption of Children, 2015 is inclusive of the Transgender women identified as per Section 4 and 7 of the Transgender Protection Act, 2019, as otherwise the Section 7 of the Hindu Adoption and Maintenance Act, 1956 and Guideline 5(c) of the Guidelines are illegal, unconstitutional and violative of Article 14 and 15 of the Constitution of India and for such other orders that are deemed necessary in the circumstances of this case.

3. It is submitted that I was born a Male on 12-01-1987. I was named as Vignesh Prabhu and brought up as a Male child. Later in my adolescent age I felt the feministic feeling and realized the physical changes in the body. Naturally I was termed as Transgender, unlike the other parents I was not neglected by my parents. I had all the privileges as a daughter at home. But, the Society was not the same, wherever I go either for the routines or Education I was not welcomed. So as to identity myself and for the recognition, I got attached to the Transgender Societies and the NGO’s formed for the welfare and development of the Transgender. I am registered with the Tamil Nadu Transgender Social Welfare and Nutritious Programme Department Board.

4. It is submitted that I have undergone an elaborate Sexual Reassignment Surgery at Kilpauk Medical College Hospital Chennai and after the said Surgery, I declared through a Gazette Publication dated 12-09-2014 to treat me as a Female and my name henceforth to be called as B. Shama. Thereafter, I was happy that my identity Cards issued by the Government Departments carried the Female in the Gender Category. I am an entrepreneur and doing a retail Textile business, having a Garment Shop in Chennai I have sufficient earnings to lead a decent life. My father had given his house property to me and I am residing in the said house permanently. I am not married and maintaining a single status. My parents are old and living in separately a house in the nearby locality. I am fully interested to grow up a child, with care and caution providing all the needs to the child. In order to enjoy and cherish the motherhood, I approached the Authorities for processing adoption of a child. For the Adoption of a child we need to register with the 5th Respondent. Primafacie, the Authorities had informed that the Transgenders are not eligible to adopt a child as per the requisites of the 5th Respondent. Despite the prevention, I applied for registration, my Documents and entries were not accepted in the 5th Respondent Website. On my enquiry with the Authorities, it was informed that the Adoption laws in India does not permit a transgender to adopt a child.

5. It is submitted that Sec. 7 and 8 of the Hindu Adoption and Maintenance Act, 1956, specifies only Female and Male, such specific mentioning restricts the third gender entitlement and to be eligible for Adoption Section 7 and 8 reads as follows:-

“…7.Capacity of a male Hindu to take in adoption.―Any male Hindu who is of sound mind and is not a minor has the capacity to takes on or a daughter in adoption:
Provided that, if he has a wife living, he shall not adopt except with the consent of his wife unless the wife has completely and finally renounced the word or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind.

8. Capacity of a female Hindu to take in adoption.―Any female Hindu
(a) who is of sound mind,
(b) who is not a minor and
(c) who is not married, or if married, whose marriage has been dissolved or whose husband is dead or has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a Court of Competent Jurisdiction to be of unsound mind, has the capacity to take a son or daughter in adoption…”.

As the above provisions have not mentioned any other gender other than the Female and Male, it creates an impediment to a transgender to adopt a child. Section 57 of the Juvenile Act 2015 provides for Adoption reads as follows:-

“…57. Eligibility of prospective adoptive parents :- (1) The prospective adoptive parents shall be physically fit, financially sound, mentally alert and highly motivated to adopt a child for providing a good upbringing to him.
(2) In case of a couple, the consent of both the spouses for the adoption shall be required.
(3) A single or divorced person can also adopt, subject to fulfilment of the criteria and in accordance with the provisions of adoption regulations framed by the Authority.
(4) A single male is not eligible to adopt a girl child.
(5) Any other criteria that may be specified in the adoption regulations framed by the Authority…”

Though the above said Section 57 of the Juvenile Justice (Care and Protection of Children) Act, 2015 is not having an open restriction, the Sub-Section (3) provides for adoption subject to the provisions of Adoption regulations framed by the Authorities. Whereas the Guidelines Governing Adoption of Children 2015 in Guidelines 5 fixes that the eligibility as below:-

“…5. Eligibility criteria for prospective adoptive parents. –
(a) the prospective adoptive parents should be physically, mentally and emotionally stable; financially capable; motivatedto adopt a child; and should not have any life threatening medical condition;

(b) any prospective adoptive parent, irrespective of his marital status and whether or not he has his own biological son or
daughter, can adopt a child;
(c) single female is eligible to adopt a child of any gender:

(d) single male person shall not be eligible to adopt a girl child;

(e) in case of a couple, the consent of both spouses shall be required;
(f) no child shall be given in adoption to a couple unless they have at least two years of stable marital relationship;

(g) the age of prospective adoptive parents as on the date of registration shall be counted for deciding the eligibility and
the eligibility of prospective adoptive parents to apply for children of different age groups shall be as under –

Age of the child Maximum composite age of prospective
adoptive parents Maximum age of singleprospective adoptiveparent
Upto 4 years 90 years 45 years
Above 4 upto 8 years 100 years 50 years
Above 8 upto 18 years 110 years 55 years

(h) the minimum age difference between the child and either of the prospective adoptive parents should not be less than
twenty five years;

(i) the age for eligibility will be as on the date of registration of the prospective adoptive parents;

(j) couples with more than four children shall not be considered for adoption;….”

Other than the above two enactment, the Guardianship and Wards Act also specific as to the Gender mentioning. Though the transgender is declared as third gender by the Hon’ble Apex Court in the care of Nalsa Vs. Union of India and the transgenders are given with the liberty to identify the Sex as per their wish, the legal impediments as to our Rights are not removed or cleared. It is pertinent to state here that the transgender women can legally marry a Male and that married couples right to Adoption of a child is not clear as to its legal position. Albeit, my identity is certified as Female, the records of the then period, before my transformation cannot be changed and the birth Certificate of the prospective Adoptee is one of the Mandatory Document needs to be submitted for registration with the 5th Respondent.

6. It is submitted that the transgender women like me, comes from a healthy background and capable to provide a good and better environment and education to the children shall be considered for their eligibility to an Adoptee. The 5th Respondent is the Authority to verify the eligibility of the Adoptee and it as per the Adoption guidelines, the Pre-Adoption procedures are very elaborate, which includes various stages of scrutiny including the Home study and most pertinently the follow up procedures are also provided procedures of verification 5 provided. The procedures, formulated in the Guidelines, 2015 if followed, the paramount importance of child welfare be protected. The monitoring Authority is also vested with 5th Respondent, the Respondent Authorities should consider that the Transgenders are equally developing in the Society like the women, the Transgenders are employed, do enterprising and gaining positions in the Society by breaking the stigma. It is pertinent to state here as the adoption of child is not legally permitted the inheritance of the property acquired by the transgender us is also under question. I have made several requests to the Respondent to clarify the issue by writing Letters and the last Representation was given on 15-02-2024 to address the above issue.

7. Under these circumstances, I am left with no other efficacious alternative remedy, than to invoke the Extra-ordinary Jurisdiction of this Hon’ble Court for necessary redress under Article 226 of the Constitution of India. I submit that I have not filed any other Writ Petition or no such Application or Petition is filed or pending before this Hon’ble Court or any other Court for the relief sought for in this Writ Petition.

Hence, it is most humbly prayed that this Hon’ble Court may be pleased to issue a WRIT OF DECLARATION, or any other appropriate Writ or Order in the nature of a Writ, to declare the word “Female” mentioned in Section 7 of the Hindu Adoption and maintenance Act, 1956 and in the Guideline 5(c) of the Guidelines Governing Adoption of Children, 2015 is inclusive of the Transgender women identified as per Section 4 and 7 of the Transgender Protection Act, 2019, as otherwise the Section 7 of the Hindu Adoption and Maintenance Act, 1956 and Guideline 5(c) of the Guidelines are illegal, unconstitutional and violative of Article 14 and 15 of the Constitution of India and pass such further or other orders that are deemed fit and proper in the circumstances of this case and thus render justice.

Solemnly affirmed at Chennai on this )
the 20th day of February 2024 and she )
signed her name in my presence. ) Before me,

Advocate, Chennai.

MEMORANDUM OF WRIT PETITION
IN THE HIGH COURT OF JUDICATURE AT MADRAS.
( Special Original Jurisdiction.)

UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA.

W.P.No. OF 2024.

B. Shama,
D/o. Balasubramaniam,
No.13, Purushothamman Nagar,
14th Street, Teachers Colony,
Putharagam,
Kolathur,
Chennai – 600 099. …Petitioner.

Vs.

1. Union of India
Rep. by its Secretary to Government,
Ministry of Women and Child Department,
Shastri Bhawan,
Dr. Rajendra Prasad Road,
New Delhi – 110 001.

2. The Secretary to Government,
Ministry of Social Justice and Empowerment,
A-Wing, Shastri Bhawan,
Dr. Rajendra Prasad Road,
New Delhi – 110 001.

3. The State of Tamil Nadu
Rep. by its Principal Secretary,
Social Welfare and Nutritious Meal Programme Department,
Fort St. George, Chennai – 600 009.

4. The Additional Secretary to Government,
Health and Family Welfare Department,
Fort St. George, Chennai – 600 009.

5. Central Adoption Resource Authority,
Rep. by its Member Secretary,
West Block -8, Wing – 2,
1st Floor, R.K. Puram,
New Delhi – 110 066. …Respondents.
WRIT PETITION.

The Petitioner above named begs to state as follows:-

The Petitioner is B. Shama, daughter of Balasubramaniam, Hindu, aged about 37 years, residing at No.13, Purushothamman Nagar, 14th Street, Teachers Colony, Putharagam, Kolathur, Chennai – 600 099, and the Address for Service of all Notices and Processes is to that of their Counsel M/s. KARTHIKAA ASHOK, K. RAMACHANDRAN, M. DHANISHA, R. GEETHA and R. LOHITH, at No.160, Additional Law Chambers, High Court, Chennai – 600 104.

2. The Address for Service of all Notices and Processes on the Respondents is the same as stated above.

3. For the reasons stated in the accompanying affidavit, it is most humbly prayed that this Hon’ble Court may be pleased to issue a WRIT OF DECLARATION, or any other appropriate Writ or Order in the nature of a Writ, to declare the word “Female” mentioned in Section 7 of the Hindu Adoption and maintenance Act, 1956 and in the Guideline 5(c) of the Guidelines Governing Adoption of Children, 2015 is inclusive of the Transgender women identified as per Section 4 and 7 of the Transgender Protection Act, 2019, as otherwise the Section 7 of the Hindu Adoption and Maintenance Act, 1956 and Guideline 5(c) of the Guidelines are illegal, unconstitutional and violative of Article 14 and 15 of the Constitution of India and pass such further or other orders that are deemed fit and proper in the circumstances of this case and thus render justice.
Dated at Chennai on this the 20th day of February 2024.

Counsel for Petitioner.
IN THE HIGH COURT OF JUDICATURE AT MADRAS.
( Special Original Jurisdiction.)

W.P.No. OF 2024.

B. Shama …Petitioner.

Vs.

Union of India
And 4 others. …Respondents.

DATES AND EVENTS.

1. Year 1956 When the Hindu Adoption and Maintenance
Act, 1956 came into effect.

2. 12-02-1987 When the Petitioner born a Male child.

3. Year 2015 When the Guidelines Governing
Adoption of Children, 2015 was
implemented.

4. Year 2015 When the Juvenile Justice Act, 2015
Came into effect.

5. Year 2019 When the Transgender persons
(Protection of Rights) Act, 2019 came into
effect.

6. Year 2022 When the Petitioner attempted for
Registration with the 5th Respondent to Adopt a child and Written letters to the
Respondent authorities requesting a permission for a Adoption.

7. 15-02-2024 When the Petitioner sent a Representation
to the Respondent Authorities.

Dated at Chennai on this the 20th day of February 2024.

Counsel for Petitioner.
IN THE HIGH COURT OF JUDICATURE AT MADRAS.
( Special Original Jurisdiction.)

W.P.No. OF 2024.

B. Shama …Petitioner.

Vs.

Union of India
And 4 others. …Respondents.

SYNOPSIS.

The Petitioner is a transgender women who was born a Male. After an elaborate sexual reassignment surgery identifying herself as a Female. The Petitioner is single and not married. The intention of the Petitioner to adopt a child and grow her with love and affection and providing all the needs of the child is barred by the legal enactments. In order to have a legal Adoption, the Adoption Laws are to be clarified and declare to include the transgender women as Female mentioned therein. Hence the above Writ Petition is filed.

Dated at Chennai on this the 20th day of February 2024.

Counsel for Petitioner.

Court fees stamp affixed
For Rs.150/-
W.P.No. of 2024.

Application for Services of process on Respondent

Name, Father’s Name or if minor Name of guardian Occupation
if any Residence
1. Union of India
Rep. by its Secretary to Government,
Ministry of Women and Child Department,
Shastri Bhawan,
Dr. Rajendra Prasad Road,
New Delhi – 110 001.
2. The Secretary to Government,
Ministry of Social Justice and
Empowerment, A-Wing,
Shastri Bhawan,
Dr. Rajendra Prasad Road,
New Delhi – 110 001.
3. The State of Tamil Nadu
Rep. by its Principal Secretary,
Social Welfare and Nutritious Meal
Programme Department,
Fort St. George, Chennai – 600 009.
4. The Additional Secretary to Government,
Health and Family Welfare Department,
Fort St. George,
Chennai – 600 009.
5. Central Adoption Resource Authority,
Rep. by its Member Secretary,
West Block -8, Wing – 2,
1st Floor, R.K. Puram,
New Delhi – 110 066.

Counsel for Petitioner.

Chennai District.

HIGH COURT::: MADRAS
(Spl. Orgl.Jurisdn.)

1st Notice 2nd Notice 2nd Notice
Date of hearing W.P.No. OF 2024.
Notice issued
Notice Returned
Respondent 1.

BATTA – Rs.150/-
5.

10.

M/s.KARTHIKAA ASHOK 195/2001
K.RAMACHANDRAN 270/2012
M. DHANISHA 2822/2019
R. GEETHA 220/2003
R. LOHITH 6266/2023

Counsel for Petitioners.
Ph: 9841188298.
ashoklawyer@gmail.com
IN THE HIGH COURT OF JUDICATURE AT MADRAS.
( Special Original Jurisdiction.)

W.P.No. OF 2024.

B. Shama …Petitioner.

Vs.

Union of India
And 4 others. …Respondents.

PAPER BOOK WRIT PETITION AND INDEX TO THE TYPED SET OF PAPERS.

S.No. Date. Description of Documents. Page Nos.

1. 20-02-2024 Dates and Events. 1
2. 20-02-2024 Synopsis. 2

3. 20-02-2024 Coding Sheet. 3

4. 20-02-2024 Court fee. 4

5. 20-02-2024 Writ Petition. 5 – 6

6. 20-02-2024 Affidavit. 7 – 14

TYPED SET OF PAPERS

7. …. Extract of Section 6 and 7 of
the Hindu Adoption and
Maintenance Act, 1956. 15

8. 13-01-1987 Birth Certificate of the Petitioner
Along with Typed Copy. 16 – 17

9. 17-09-2014 Gazette Publication. 18 – 19

10. …. Extract of Section 57 of the
Juvenile Justice
(Care and Protection of Child)
Act, 2015. 20

11. …. Guideline 5(c) and other Guidelines
Of the Guidelines Governing
Adoption of Children, 2015. 21 – 69

12. …. Regulation 5 of the 5th Respondent. 70 – 71

13. …. The Transgender persons
(Protection of Rights) Act, 2019. 72 – 79

14. …. Identity Card issued by the
Transgender Welfare Board. 80

15. …. Online Registration Form for
Registration of Prospective Adoptee. 81 – 86

16. …. Aadhar Card of the Petitioner. 87

17. …. Voter Identity Card. 88

17. 15-02-2024 Representation of the Petitioner. 89 – 90

18. 20-02-2024 Vakalat. 91 – 92

19. 20-02-2024 Batta. 93 – 94

Certified that the above documents are true copies.

Dated at Chennai this the 20th day of February 2024.

Counsel for Petitioner.

Chennai District.

HIGH COURT::: MADRAS
(Spl. Orgl. Jurisdn.)

W.P.No. OF 2024.

PAPER BOOK WRIT PETITION AND INDEX TO THE TYPED SET OF PAPERS.

M/s. KARTHIKAA ASHOK 195/2001
K. RAMACHANDRAN 270/2012
M. DHANISHA 2822/2019
R. GEETHA 220/2003
R. LOHITH 6266/2023

Counsel for Petitioner.
Ph: 9841188298.
ashoklawyer@gmail.com

Section 6 in The Hindu Adoptions And Maintenance Act, 1956
6. Requisites of a valid adoption.—
No adoption shall be valid unless—
(i)the person adopting has the capacity, and also the right, to take in adoption;
(ii)the person giving in adoption has the capacity to do so;
(iii)the person adopted is capable of being taken in adoption; and
(iv)the adoption is made in compliance with the other conditions mentioned in this Chapter.
Section 7 in The Hindu Adoptions And Maintenance Act, 1956
7. Capacity of a male Hindu to take in adoption.—
Any male Hindu who is of sound mind and is not a minor has the capacity to take a son or a daughter in adoption: Provided that, if he has a wife living, he shall not adopt except with the consent of his wife unless the wife has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind. Explanation.—If a person has more than one wife living at the time of adoption, the consent of all the wives is necessary unless the consent of any one of them is unnecessary for any of the reasons specified in the preceding proviso.

Section 57 in The Juvenile Justice (Care and Protection of Children) Act, 2015
57. Power of competent authority to discharge and transfer juvenile or child :-

IN THE HIGH COURT OF JUDICATURE AT MADRAS.
( Special Original Jurisdiction.)

W.P.No. OF 2024.

B. Shama …Petitioner.

Vs.

Union of India
and 4 Others. …Respondents.

I, B. Shama, the Petitioner in the above Writ Petition do hereby appoint and retain

M/s. KARTHIKAA ASHOK,
K. RAMACHANDRAN, M. DHANISHA, R. GEETHA and R. LOHITH

Advocates to appear for us in the above Writ Petition and to conduct and Prosecute (or defend) the same and all proceedings that may be taken in respect of any application connected with the same or any decree or order passed therein, including all applications for return of documents or the receipt of any moneys that may be payable to us in the said Writ Petition and also in application for review, in appeals under Clause 15 of Letters Patent and in applications for leave to appeal to the Supreme Court and in all Proceedings Subsequent thereto.

Accepted: I certify that his Vakalat nama was read and explained in Tamil and English in my presence to the executants who understood the same and made his signature in my presence executed before me this the 20th day of February 2024.

Counsel for Petitioner.
No.160, Addl. Law Chambers, High Court Buildings, Chennai – 600 104.
HIGH COURT ::: MADRAS
(Special Original Jurisdiction)

W.P.No. OF 2024.

VAKALAT

M/s.KARTHIKAA ASHOK 195/2001
K. RAMACHANDRAN 270/2012
M. DHANISHA 2822/2019
R. GEETHA 220/2003
R. LOHITH 6266/2023

Counsel for Petitioner.
Ph: 9841188298.
ashoklawyer@gmail.com

Typed Copy:-
DEPARTMENT OF LOCAL ADMINISTRATION.

Certificate of birth ……………………………………….
issued under section 17 of the
Registration of Births and Deaths Act, 1969.

This is to certify that the following information has been taken from the original record of birth which is in the register for 1987

(Local area) SOUTH

SIVAKASI MUNICIPALITY of Taluk Sattur of District Kamarajar of State of Tamil Nadu.

Name – VIGNESH PRABHU

Sex – Male