The Bombay High Court adoption ruling has clarified that an adopted child inherits the caste of their adoptive parents. In GDA vs State of Maharashtra (Writ Petition 14840 of 2022), the Court set aside the Deputy Collector’s cancellation of a caste certificate, holding that adoption severs ties with biological parents and creates full legal rights with adoptive parents.
📜 Bombay High Court Adoption Ruling: Case Background
| Detail | Description |
|---|---|
| Case Title | GDA vs State of Maharashtra (Writ Petition 14840 of 2022) |
| Court | Bombay High Court |
| Judges | Justice Makarand Karnik & Justice Shriram Modak |
| Statute Involved | Juvenile Justice Act, 2000 & 2015; Maharashtra Caste Certificate Act, 2000 |
| Issue | Whether an adopted child inherits caste of adoptive parents |
| Ruling | Adopted child takes caste of adoptive parents; fresh certificate to be issued |
The petitioner, a woman belonging to the Special Backward Category, had legally adopted a boy in 2014. His caste certificate was cancelled in 2018 after a complaint alleging fraud. She argued that since the adoption was valid and biological parents were unknown, the child’s caste should follow hers.
🧑⚖️ Bombay High Court’s Observations
- Adoption under the Juvenile Justice Act severs ties with biological parents and creates full legal ties with adoptive parents.
- Once adoption is completed, the child becomes the lawful and legitimate child of adoptive parents, with all rights and privileges.
- Denying caste status would leave the child’s future “in limbo and in dark.”
- The Caste Scrutiny Committee failed to consider the legal effects of adoption.
- The Court directed issuance of a fresh caste certificate to the child.
💬 Vakilify Insight
This ruling reinforces the principle that adoption creates complete legal identity for the child within the adoptive family, including caste status. By aligning the Maharashtra Caste Certificate Act with the Juvenile Justice Act, the Court ensured that adopted children are not left without recognition or rights.
🔗 Related Reading and Links
- 👉 Explainer: Juvenile Justice (Care and Protection of Children) Act, 2015
- 👉 Vakilify Blog: Maintenance Denied to Wife – CrPC Section 125
