One Muslim family have agreed to adopt Female(2 years ) child (child of real sister) of another muslim family and wish to get the same registered under a legally binding agreement for all intent and purposes.
As per my knowledge , adoption is not permitted under personal law applicable to Muslims. But Supreme court of India in recently in 3 Bench Judgment dated 19th Feb 2014 (WP 470/2005- Shabnam Hashmi vs. UOI & others) had allowed such adoption under Juvenile Justice Act and not under Personal law applicable.
That since , the child have biological parents and is not destitute/orphan/child in need of care and protection- whether such adoption is permissible under JJ Act or otherwise?
If it is possible then whether rules regarding inheritance and others as applicable in personal law would be applicable in the present case or not ?
Kindly comment .
