In a recent judgment, the Allahabad High Court’s Lucknow Bench dismissed a special appeal filed by two individuals claiming guardianship through an unregistered adoption deed. The Division Bench, comprising Justice Rajan Roy and Justice Prashant Kumar, ruled that in Uttar Pradesh, only registered adoption deeds are legally valid post the 1976 amendment to the Hindu Adoptions and Maintenance Act (HAMA).
Background
The case, Arun and Another vs. State of U.P. & Others, stemmed from a dispute over the custody of a minor girl, Ayesha, filed by her natural guardians. The appellants claimed that the child had been adopted by them under a notarized adoption deed. The Single Judge earlier rejected their claim, stating the document was invalid under the law as it was not registered.
Challenging this decision, the appellants relied on a 2014 High Court judgment (Sanjay Kumar vs. State of U.P.), arguing that an unregistered adoption deed should still be admissible if supported by other evidence.
Court’s Observations
The Bench closely examined Section 16 of HAMA, 1956, and its U.P. Amendment introduced by the Civil Laws (Reforms and Amendments) Act, 1976. The judges noted that, under the amendment effective from January 1, 1977, no court in Uttar Pradesh can accept any proof of adoption unless it is supported by a registered document.
Quoting the amended law, the Bench said:
“No court in Uttar Pradesh shall accept any evidence in proof of giving and taking of the child in adoption, except a document recording the adoption... and registered under any law for the time being in force.”
Justice Rajan Roy observed that this amendment was brought precisely to curb fraudulent and fictitious claims of adoption. He added that oral or notarized documents could easily be manipulated to usurp property or misuse guardianship claims.
The court further clarified that the proviso allowing secondary evidence applies only if a registered adoption deed once existed but is now unavailable. “In this case, there was never any registered deed to begin with,” the Bench remarked.
Decision
After examining the law and the previous rulings, the court found no legal error in the Single Judge’s decision. “Since the alleged adoption deed is merely notarized and not registered as per law, no benefit can accrue to the appellants,” the Bench declared.
With that, the Division Bench dismissed the appeal, reaffirming that in Uttar Pradesh, a registered adoption deed is mandatory for any legal recognition of adoption made after January 1, 1977.
The judgment, delivered on September 19, 2025, serves as a clear reminder that notarization alone does not equate to registration under Indian law.
Case Title: Arun & Another v. State of Uttar Pradesh & Others
Case Type: Special Appeal No. 316 of 2025
Date of Judgment: September 19, 2025
