Adoption of brahman child query
SAKTHI
(Querist) 29 August 2014
This query is : Resolved
In a case where a parents belongs to sc/st caste adopted a Brahman child based legally.
According to THE HINDU ADOPTIONS act will the adopted child is entitled for RESERVATIONS and other benefits in par with a normal SC/ST child? pls advice.
Dr V. Nageswara Rao
(Expert) 30 August 2014
The A.P. High Court has held that to claim the reservations the adoption must have taken place when the child was of such tender age so that the child "could be integrated into the homogeneity of the adoptive family". So, to confer on the child the benefit of reservations, you cannot adopt at the age of 18 or so. That is a fraud on the Constitution. A.S. Sailaja v. Principal, Kurnool Medical College, AIR 1986 AP 209.
SAKTHI
(Querist) 30 August 2014
Thanks sir
prabhakar singh
(Expert) 30 August 2014
No adoption is valid if child adopted is of age above 15 and to claim constitutional reservation benefits, the child should not be of age that reminds his/her mind he/she was brahman or non sc/st. Hence in such situations where claim of benefit of reservation is made,the genuineness of adoption free from fraud would always be an open question before courts.
Sudhir Kumar, Advocate
(Expert) 19 October 2014
the adoption is not possible as advised by Mr Prabhakar Singh.