Adoption

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In my opinion the question put before us can be looked through customary practices prevailing in intending parent(s) community and

1. The Supreme Court in its recent decision in re. Atluri Brahmanandam Vs. Anne Sai Bpuji [AIR 2011 SC 545] allowed custom to prevail over law by permitting adopting of a child of age greater than fifteen years because of a customs prevailing in the community to such effect.

2. In the case of re. Ujagar Singh v. Mst. Jeo [AIR 1959 SC 1041], this Court has held that the ordinary rule is that all customs general or otherwise have to be proved, but under Section 57 of the Evidence Act, 1872 nothing need to be proved of which the Court can take judicial notice. It was also held that when a custom has been repeatedly recognized by Courts, it is blended into the law of land and proof of the same would become unnecessary under Section 57 of Evidence Act, 1872.

Hence if there is a customary practice of taking in adoption of a person even above the age of 15 years of age as their community practice then it could be reasonably said to be held the same to be legal and valid.

BTW, adoption is the transplantation of a son from the family in which he is born, into another family by gift made by his natural parents to his adopting parents which is what Adoption under Muslim Law is all about in Indian context. Islam does not recognise adoption and the facts narrated in the briefs is nobody’s case as it is reverse adoption procedure asked for!

Personal law of Muslims, Christians, Parsis and Jews does not recognise complete adoption. As non-Hindus do not have an enabling law to adopt a child legally, those desirous of adopting a child can only take the child in 'guardianship' under the provisions of The Guardian and Wards Act, 1890.

However Guardianship thus claimed does not provide to the child (Muslim adult herein) the same status as a child born biologically to the family. Unlike a child adopted under the Hindu Adoption and Maintenance Act, 1956 the child cannot become their own, take their name or inherit their properly by right. 

I somehow feel your query is mixed question of Law as well as cirumstances read with more facts ! I call upon more experts cometh to this board to discuss the issue in hand.