Adoption of sun by brather
Ratna Rani
(Querist) 10 August 2016
This query is : Resolved
Hello sirji
I qury askin law of adoption.
Myself Ratna rani balong to SC category.
I married outside my kaste boy is not SC.
I have sun boye child now 11 years old.
I want my sun to get SC status.
So I ask my eldar brather Rambabu to adopt my sun.
Now will my son get SC status when Rambbabu brather adopt my sun.
Somebody helpp
Kumar Doab
(Expert) 10 August 2016
Apparently the purpose if to get SC status for the child.
It is a hunch that cast in which the child was born shall remain.
The adoption has other requisites also.
You may wait for advise of other experts.
Sudhir Kumar, Advocate
(Expert) 10 August 2016
A brother could never had married you so cannot adopt your child
Ratna Rani
(Querist) 10 August 2016
Sarji Sudhir ji
My brather adapt my sun not marry me.that is crime in society and to say even.
My brather adopt mi sun who 11 years.He has sun 15 years.
Is it OK
Kumar Doab
(Expert) 10 August 2016
The adoption has other requisites also.
The one has been discussed above.
Ratna Rani
(Querist) 11 August 2016
Bwhat are the requisites.
bwhere have u discussed above.
i the cannot see.
show me or let somebady tell
thank u doabji
Anand Bali Adv.
(Expert) 11 August 2016
Adopting sister's son is no way a crime or illegal, but please note the birth status is the determining factor for getting status of ST/SC in India, and by adoption one can not claim his status of the minority (SC/ST) which is the stated law of the land.
Thus Ratna ji, you are mistaken in it; your son can not claim status of a SC even after adopted by a SC category person, his base of birth status will not be changed by adoption, please note.
advocatepassy@gmail.com 971794
(Expert) 12 August 2016
If you are raising your son as SC customs and practices, then he still can get the SC facilities even though your married outside SC community. He has the choice to take your or his father's cast.
Kumar Doab
(Expert) 12 August 2016
Your brother has his own son.
Ratna Rani
(Querist) 12 August 2016
Raspacted Passyji saheb
Thanks for reply.
ur information is very baluble I request u sar to let me know how I can prove in law that i am raising my son with SC customs and practices.
My hasband has no objaction if I raise my son in SC customs and practices.
Plz plz help I rally need ur halp
Isaac Gabriel
(Expert) 13 August 2016
You can verify whether the Government order in Tamilnadu suits you ambition
Ratna Rani
(Querist) 13 August 2016
Sar Issac ji
What government order to verify. Pleage give datails.
Isaac Gabriel
(Expert) 13 August 2016
See the Copy of Government order
SOCIAL WELFARE DEPARTMENT
G.O.Ms.No. 477 Dated : 27 - 06 – 1975
ORDER :
The Government have been extending certain concessions to the members of Scheduled Castes, Scheduled Tribes and Backward Classes from time to time. A question about the determination of the community of the children born of inter – caste marriages.
2. The Government after carefully examining the question, direct that the children born of inter – caste marriages, that is, marriages-
i. between a person of S.T and another of a S.C or Backward Class or Forward Class;
ii. between a person of a Scheduled Caste and another of a Backward Class or Forward Class; and
iii. between a person of a Backward Class and of a Forward Class.
shall be considered to belong to either the community of the father or the community of the mother according to the declaration of the parents regarding the way of life in which the children are brought up and that the declaration in respect of one child will apply to all children.
( By order of the Governor )
S.SATHYABAMA,
SECRETARY TO GOVERNMENT
Kumar Doab
(Expert) 13 August 2016
You can benefit from the advise of experts.
Expert Mr.Gabriel has guided you to GO.
Check with State Commission for Scheduled Castes.
Isaac Gabriel
(Expert) 13 August 2016
See also another order
GOVERNMENT OF TAMIL NADU
ABSTRACT
Issue of Scheduled Caste / Scheduled Tribes Community Certificates to Off-Springs of Inter – Caste married couple – Instructions – Issued in G.O.( 477 ), Social Welfare Department, dated 27-6—75 – Modification orders – Issued.
________________________________________
ADI DRAVIDAR AND TRIBAL WELFARE ( ADW.II ) DEPARTMENT
G.O. ( 2D ) : 17 Dated : 16 - 8 -1994
Read again ;
1. G.O. ( Ms ) No. 477, Social Welfare Department, dated 27-6-75
2. From the Government of India ( Ministry of Welfare ) Lr.No. 12017/1/91 SCD-R Cell, dated 8 -4 -91 and 17-1-94.
ORDER :
In the Government Order read above, Government ordered that children born of Inter – Caste marriage shall be considered to be belonging to either the community of the father or the mother according to the declaration of parents regarding the way of life in which the children are brought up and that the declaration in respect of one child will apply to all children.
2. The Government of India in their letter read above have informed that it is the recognition and acceptance by the Scheduled Caste/Scheduled Tribe society of the children born out of a marriage between a member of Scheduled Caste/Scheduled Tribe with an outsider, which is the main determining factor irrespective of, whether the Tribe is matriachal or patriachal and that the final result will always depend on whether the child was accepted as a member of the Scheduled Caste/Scheduled Tribe or not. The Government of India have further informed that infact the present Government order read above would affect the interest of genuine Scheduled Caste/Scheduled Tribe persons in the matter of Scheduled Caste/Scheduled Tribe benefits provided to them. Hence, the Government of India have suggested that the Government order read above may be withdrawn and Scheduled Caste/Scheduled Tribe claims of the off-springs of inter-caste married couple may be decided in accordance with the legal position circulated by the Government of India.
3. In modification of orders issued in G.O.Ms.No.477, Social Welfare Department, dated 27.6.75, the Government direct that Scheduled Caste/Scheduled Tribe certificates to the off-springs of inter-caste married couple, where one of the spouses is a member of Scheduled Caste/Scheduled Tribe community will be issued after verification of the acceptance given by the members of Scheduled Caste/Scheduled Tribe community living in that area.
4. This order takes effect from the date of issue.
5. The Principal Commissioner and Commissioner of Revenue Administration/Director of Adi Dravidar and Tribal Welfare is requested to issue suitable instructions to all concerned to adhere to the above instructions scrupulously and to make it clear to them any default will be viewed seriously. A copy of the instructions issued may also be sent to Government.
6. The receipt of this order should be acknowledged.
(BY ORDER OF THE GOVERNOR)
P.NATESAN,
SECRETARY TO GOVERNMENT
