Adopted child in SC family
Yognedra singh
(Querist) 31 March 2008
This query is : Resolved
Dear Sir,
I am a SC candidate and want to adopt a boy as my son who is aged 22 year (28-may-1985. Question is this if I adopt this guy will he be able to access all bebefits of SC provided by Indian Constitution? Since he is not from SC community.
Plz reply at your earliest convinience.
thanx
Yogendra Singh
Guest
(Expert) 31 March 2008
There is no question of adopting this boy of 22 years of age since the Hindu Adoptions and Maintenance Act prohibits the adoption of persons above 15 years of age.
However, if you can prove that a custom/usage exists in your 'community' which allows you to adopt an 'older' person then it will be a valid adoption but your adopted son will not be entitled to the benefits of reservation.
This is so because the benign constitutional provision of reservation is primarily aimed at benefitting those people who had a "disadvantageous" start in life, which is not so in your case.
a.haridasan
(Expert) 01 April 2008
Dear yogedra singh .,
the adoption which stated like in ur letter is not possible as per law and there is no such custom /usage prevailing in scheduled caste as per my knowledge.
thank u dear..adv.a.haridasan
RAKHI BUDHIRAJA ADVOCATE
(Expert) 01 April 2008
Sorry friend!You can't adopt the child who is aged about 20 years old, because u/s 10 of Hindu Adoption & Maintenance Act, 1956, the age limit of adopted child is 15 years. If someone make an adoption of child, having age more than 15 years, then the adoption deed of that child would not be got registered, as per law. And if there is no registration of adoption deed the same is not permissible in evidene to prove the adoption. It can be admitted only for collateral purpose.
SANJAY DIXIT
(Expert) 15 June 2008
I agree with the suggestions given by my learned friends .
ritu bhadana
(Expert) 02 April 2009
my views are similar to that of sabah
