Bombay HC upholds transfer of adoption order powers to District Collectors

The Bombay High Court on Monday (May 4, 2026) dismissed two petitions challenging a 2021 amendment to the Juvenile Justice (Care and Protection of Children) Act that replaces courts with District Collectors for issuing adoption orders.

A Bench of Justice Bharati Dangre and Justice Manjusha Deshpande ruled that District Collectors are competent to conduct hearings in adoption proceedings and pass orders. The Court said the amendment, which substitutes the word “Court” with “District Collector” or “District Collector (Executive Officer)”, was made to reduce delays in the adoption process and is not unlawful.

The amendment was challenged by two couples. Under the Act and the Central Adoption Resource Authority (CARA) regulations, a valid court order was required for adoption. The amendment now requires a valid order from the District Collector.

The petitioners argued that approval for a child’s adoption is a judicial function and cannot be given to an executive authority. They said the District Collector, as the chief executive officer of a district, may lack knowledge of legal nuances. They also contended that any removal of courts from the process would cause negative results.

The Central Government defended the amendment, stating that Court involvement had caused delays in adoptions.

The Court said the petitioners’ apprehension that the District Collector lacks competence to handle these matters does not hold. It noted that the District Collector is the senior-most Executive Magistrate, responsible for district administration, law and order, and implementation of government policies. The Court said there is no impediment to District Collectors implementing the provisions of the Act or determining the eligibility of prospective adoptive parents.

The Court also observed that the amendment provides for training to be imparted to District Collectors on these matters. Both petitions were dismissed.