“A child’s caste should be the same as its adoptive parents.”

On 29^th January 2026, Bombay Hight Court’s two-judge bench, comprising Justices S M Modak and M S Karnik, ruled that a child’s caste should be the same as its adoptive parents. The court opined that when a child is adopted, its ties with its biological parents are severed and replaced with ties of its foster parents, and that when the process of adoption is completed, the adopted child becomes the legitimate child of the parents and all rights, privileges and responsibilities are bestowed on him which are attached to that relationship. However, this verdict would not be applicable to the Indian Parsi Zoroastrian community because adoption is not legal in our community in India.

Adoption Is Not Legal Among Parsis

Currently India does not have a Uniform Civil Code (UCC) or a common set of laws to govern marriage, divorce, succession and adoption for all Indians, regardless of their caste or religious denomination. Instead, India allows different personal laws for persons of different faiths. Thus, Parsi marriages and divorce cases are regulated under the Parsi Marriage and Divorce Act, 1936. There are special rules for Parsi intestate provided under Sections 50 to 56 of the Indian Succession Act, 1925. And, adoption is not legal among Parsis. Should UCC get implemented in the future, all earlier mentioned personal laws will become redundant and the Parsi community and all other religious minorities will be governed by a common set of laws to regulate marriage, divorce, succession, and adoption.

Can Parsis Adopt?

The Parsi custom of naming a ‘paalak’ for undertaking obsequies of a deceased is not to be confused with adoption. To reiterate, adoption is not yet legal among Parsis in India. The only codified law available for adoption in India is the Hindu Adoption and Maintenance Act (HAMA, 1956), applicable to: Any person who is Hindu, Buddhist, Jain or Sikh and their children (legitimate or illegitimate); Any person who is not Muslim, Christian, Parsi or Jew; Any child, one of whose parents are Hindus, Buddhists, Jains or Sikhs; Any abandoned child, of unknown parentage brought up as a Hindu, Buddhist, etc.; and Any person who is a convert to the Hindu, Buddhist, Jain or Sikh religion. Thus, it’s clear that HAMA is NOT Applicable to Parsis.

Guardianship Is Possible

In India, the Personal Law of Muslims, Christians, Parsis and Jews does not recognize adoption. Thus, those desirous of adopting a child can only take the child in ‘guardianship’ under the provisions of ‘The Guardian and Wards Act, 1890’ (GWA). But GWA does not provide the child the same status as a child born biologically to the family. The child cannot become their own or inherit their property by right. GWA confers only a ‘guardian-ward’ relationship which exists until the child completes twenty-one years of age. Thus, if a Parsi parent desires to ‘adopt’ a child, the latter would not legally be considered ‘as if born to’ the adoptive individual or couple.

Evolution Of Adoption Laws

Over the past few decades, attempts by the Government of India to introduce a comprehensive secular adoption law have met strong resistance from several non-Hindu communities, particularly Muslims and Parsis. The Adoption of Children Bill, 1980, sought to create an enabling framework for adoption across communities, excluding Muslims, but faced opposition from the Bombay Zoroastrian Jasan Committee, which even formed a special body to seek exemption for Parsis.

Earlier, the National Adoption Bill, introduced twice in Parliament during 1970s, never became law. Although the Juvenile Justice Act 2000 and its 2006 amendment include provisions relating to adoption, the legislation offers little clarity on implementation or long-term implications. Adoption is not clearly articulated in its statement of objects, leaving ambiguity and potential conflict with existing personal laws. Importantly, the Act does not override established adoption laws, and cannot bypass restrictions within specific religious personal law frameworks in practice today.

As of the moment ‘adoption’ is not yet legal among Parsi and the concept of ‘Paalak’ is merely about naming the person who would take on the moral and religious responsibility of carrying out after-death religious ceremonies of a person who dies childless. It does not confer any legal rights over property or succession.

The Bombay High Court’s recent judgement has no direct impact on the Parsi Zoroastrian community in India, as adoption is not legally recognised among Parsis. The ruling applies only where a child is legally adopted under existing laws. While some Parsi parents have taken children under their care, this is usually through the Guardian and Wards Act, 1890 or the Juvenile Justice Act. Such arrangements grant guardianship, not full adoption rights, meaning the child does not receive the same inheritance or legal status as a biological child. Even if a navjote is performed, the child may follow the Zoroastrian faith but cannot claim Parsi caste identity.