90-year-old doctor moves HC to adopt 43-year-old; Opens debate on why India doesn’t allow adult adoption

The Bombay High Court has asked the Centre and the Maharashtra government to respond to a petition filed by a 90-year-old retired doctor who wants to adopt his long-time caretaker as his son. The petitioner, Bomsi Wadia, a retired professor and gynaecologist from Mumbai’s Opera House area, has approached the court seeking legal recognition of his wish to adopt a 43-year-old man, Rajeev Jha, who has been caring for him for over two decades. Wadia told the court that he wants to formally adopt Jha “to carry forward his name and fame” at this stage of his life.

The bench of Justices Ravindra Ghuge and Abhay Mantri is currently hearing the matter.

'Legal Vacuum' on Adult Adoption in India

One of the key arguments in the case is that Indian law does not clearly allow or regulate adult adoption.


Wadia’s lawyer pointed out: “There is a legislative vacuum in India regarding adult adoption.”

He added that while countries like the US, Canada, Japan, Germany and Switzerland allow adult adoption, Indian laws remain largely focused on children.

“The existing legal regime is child-centric and does not cover adult adoption… Whether he should suffer because of deficiency of law?” the counsel argued.

Long Association Between Wadia and His Caretaker

According to the petition, Rajeev Jha has been living with Wadia since 1999 and has been looking after him ever since.

Wadia, who has never married and has no children, currently lives alone. His only sister has passed away, leaving behind her children.

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.”

Court Questions Need for Adoption

During the hearing, the judges raised an important question, why is adoption necessary when Wadia has already taken steps to secure Jha’s future?

Wadia has reportedly:

• Made a will in Jha’s favour
• Given him power of attorney
• Assigned key documents

The bench asked whether Jha would legally “become Wadia” after adoption.

In response, the lawyer clarified that Jha is married with two children and: “All agreed to transfer into the Wadia family.”

Registrar Refusal Sparks Legal Battle

The issue came to court after the registrar refused to register the adoption deed in August 2025.

This rejection prompted Wadia to seek judicial intervention, asking the court to:

• Direct the registrar to accept the adoption
• Recognise his right to adopt an adult of his choice
• Property Concerns Raised by State

The state’s counsel also flagged concerns related to Wadia’s assets.

She pointed out that Wadia owns several properties listed in his will, suggesting that legal clarity is important before allowing such adoption.

In response, Wadia’s lawyer stated: “The petitioner has a right to dispose of his properties.”

The court also indicated that Wadia’s nephew, who is the executor of his will, may need to be included in the case.

Beyond this individual case, the matter raises a larger question, should India introduce clear laws for adult adoption?

Wadia, though born into a Parsi family, has argued that he believes in constitutional secularism and wants the freedom to choose his legal heir.

The court’s decision could potentially open the door for broader discussions on updating adoption laws in India.

Inputs from TOI