Can Transgender Persons Adopt in India? Madras HC Seeks Centre’s Explanation on CARA Rules

The Madras High Court has asked the Union government to explain why transgender persons are still excluded from the adoption framework under the existing Central Adoption Resource Authority (CARA) guidelines, despite the enactment of the Transgender Persons (Protection of Rights) Act, 2019.

Court observed that CARA, which operates under the Ministry of Women and Child Development, must clarify its inaction in amending the guidelines to align with the 2019 Act.

The division bench of Chief Justice Manindra Mohan Shrivastava and Justice G. Arul Murugan passed the order on November 3, 2025, while hearing a petition filed by B. Shama, a transgender person who challenged the validity of the Hindu Adoption and Maintenance Act, 1956 and CARA’s adoption guidelines framed under the Juvenile Justice (Care and Protection of Children) Act, 2015.

The petitioner contended that the existing legal framework governing adoption in India discriminates against transgender persons and violates their rights to equality and dignity guaranteed under the 2019 Act. Appearing for the petitioner, Advocate Karthikaa Ashok argued that after the 2019 Act came into force, which was specifically designed to protect the rights and welfare of transgender persons, any reference to “male” or “female” in the CARA guidelines should be read as inclusive of “transgender".

The petition pointed out that the online forms on CARA’s website currently do not allow transgender persons to register as prospective adoptive parents, effectively excluding them from the process. This, the petitioner argued, defeats the intent of the 2019 legislation, which mandates equal treatment and non-discrimination in access to social and legal institutions.

During the hearing, court noted that the Union government, despite being served notice earlier, had not yet filed its reply.

Observing that CARA functions under the overall supervision of the Central Government, the bench directed that an appropriate affidavit be filed clarifying why the guidelines have not been revised or new directions issued in compliance with the statutory obligation under Section 8 of the 2019 Act. That provision empowers the government to take proactive measures to ensure the full inclusion of transgender persons in all spheres of life.

The Additional Solicitor General of India, A.R.L. Sundaresan, who appeared for the Union government along with counsel R.K. Gandhi, sought additional time to file the response. Accepting the request, the bench granted another opportunity and adjourned the matter to December 4, 2025.

Case Title: B Shama vs UOI 

Order Date: November 3, 2025

Bench: Chief Justice Manindra Mohan Shrivastava and Justice G. Arul Murugan