Mumbai: The Bombay High Court on Tuesday sought responses from the Centre and the state government on a
petition filed in 2025 by a 90-year-old retired professor and gynaecologist, who has requested permission to legally adopt his 43-year-old caretaker as his son to “carry
forward the name and fame.”
The petitioner, a resident of Opera House and owner of a bungalow, several plots of land, and a BMW, has
requested the court to direct the registration of an adoption deed naming his
Hindu caretaker as his son.Also Read:Kerala HC Rules Failure to Conduct Pre-Anaesthetic Check-Up Gross Negligence, Denies Relief to AnaesthetistAccording to Economic Times, he has sought the court’s intervention to secure permission for the registration of the adoption deed and to declare his “right to adopt an adult
person of his choice having a long association with him.” His advocate Suresh
Mane said he is a “well-known medical practitioner” and is physically and
mentally fit.
He was not married and had
no legal heir. He has only one sister who passed away, leaving her children
behind. His lawyer told the court, “Now at the fag end of his life… he would
like to adopt an adult person as his own son.” The petition states that the
caretaker, who follows the Hindu faith, has been living with and caring for the
petitioner since 1999. The case highlights a gap in India’s adoption laws,
which primarily address child adoption and do not provide provisions for
adopting adults. The counsel for the petitioner pointed out the problem with
the current legal framework related to the adoption law, which is child-centric
and has no provision for adult adoption, reports The Daily.
“There is a legislative vacuum in India
regarding adult adoption,” he stated. He also mentioned other countries like
the US, Canada, Japan, Germany, and Switzerland all have provisions for adult
adoption. “The existing legal regime is child-centric and does not cover adult
adoption… Whether he should suffer because of the deficiency of the law?” the counsel
argued. During the hearing, the court questioned the need for adoption since the
petitioner had already secured the caretaker’s future by making a will in his
favour, granting him power of attorney, and handing over key documents.Also Read:Bombay HC refuses to quash criminal proceedings against doctor in patient data leak caseAccording to The Daily,
the case reached the court after the registrar refused to register the adoption
deed in August 2025, prompting the petitioner to seek judicial intervention to
recognise his right to adopt an adult and direct the registrar to accept the
deed. The state also raised concerns about his assets, noting that he owns
several properties mentioned in his will and that legal clarity is necessary
before permitting such an adoption.
Responding to the
statement, the counsel for the petitioner stated, “The petitioner has a right
to dispose of his properties.” The court also stated that the petitioner’s
nephew executed the will, and he should be included in the case. The petitioner is
a Parsi but wants to adopt a Hindu adult. He has appealed to the judgment of
the bench by mentioning constitutional secularism and sought permission to
choose his legal heir.