Bombay HC Upholds Transfer of Adoption Powers to District Collectors

The Bombay High Court on Monday, May 4, 2026, dismissed two petitions challenging the 2021 amendment to the Juvenile Justice (Care and Protection of Children) Act that transfers authority to issue adoption orders from judicial courts to District Collectors. A bench of Justices Bharati Dangre and Manjusha Deshpande ruled the amendment lawful, stating it aims to reduce delays in adoption proceedings.
The petitioners argued that adoption approval is a judicial function and cannot be assigned to executive authorities like District Collectors, citing concerns over legal expertise and due process. They contended that removing courts from the process could undermine the integrity of adoption orders under the Central Adoption Resource Authority (CARA) regulations, which previously required court validation.
The Central Government defended the amendment, emphasizing that court involvement had led to prolonged delays in finalizing adoptions. The High Court found that District Collectors, as senior Executive Magistrates with administrative and quasi-judicial experience, are competent to conduct hearings and determine eligibility of adoptive parents. The court noted that training is mandated for Collectors to handle such cases, rejecting claims of incapacity.
The court dismissed both petitions, affirming the constitutional validity of the amendment. The ruling will take immediate effect, with adoption orders now requiring approval solely from District Collectors in the jurisdiction.