Meaning and Definition:
"According to section 2(aa) Juvenile Justice (Care and Protection of Children) Amendment Act, 2006,-"adoption" means the process through which the adopted child is permanently separated from his biological parents and become the legitimate child of his adoptive parents with all the rights, privileges and responsibilities that are attached to the relationship"

Hindu Adoption and Maintenance Act, 1956 relevant to the scenario described is Section 12, which deals with the effect of adoption:

Section 12: Effect of Adoption:

This section states that an adopted child shall be deemed to be the child of his or her adoptive parents for all purposes with effect from the date of the adoption.

It further mentions that the adopted child shall cease to be the child of his or her biological parents, and all ties of the child with the biological family shall be severed and replaced by the ties with the adoptive family.

The section emphasizes that the adopted child shall have the same rights, privileges, and obligations as if he or she were the biological child of the adoptive parents.

In the scenario described, where a child from an Other Caste (OC) background is orphaned and adopted by an individual from a Scheduled Caste (SC) background, certain legal provisions under the Hindu Adoption and Maintenance Act, 1956 apply.

• Caste Certificate and Adoption: The Hindu Adoption and Maintenance Act, 1956 governs adoption within the Hindu community. Section 12 of the Act states that upon adoption, the child ceases to be the child of his or her birth family and becomes the child of the adoptive family, with all the rights, privileges, and obligations that arise from such relationship. This means that legally, the child inherits the caste of the adoptive parents.
   
• Surname and Caste Certificate: The Act does not specify any requirement for changing the surname of the adopted child upon adoption. The child can continue using the surname of the adoptive family without affecting the validity of the caste certificate. The caste certificate is issued based on the caste of the adoptive parents, as the child is legally considered their child after adoption.
   
• Legal Precedents: The Supreme Court of India has clarified the legal implications of adoption in various cases. In G.V. Rao v. Andhra Pradesh State Road Transport Corporation, the court emphasized that an adopted child is to be treated as if he or she were the natural-born child of the adoptive parents. This includes inheritance of the caste of the adoptive parents.

Another relevant case law that supports the principles outlined above is Shabnam Hashmi v. Union of India (2014). While this case doesn't directly address the scenario described, it emphasizes the principle of equality and non-discrimination, which is crucial in matters related to adoption and caste identity.

In Shabnam Hashmi v. Union of India, the Supreme Court of India addressed the issue of discrimination against adopted children with regard to inheritance rights under the Hindu Succession Act, 1956. The court held that adopted children have equal inheritance rights as natural-born children, thereby ensuring their equal treatment under the law.

This case underscores the broader principle that adopted children are entitled to the same rights and privileges as natural-born children in various aspects of law, including matters related to caste identity. Therefore, it further supports the notion that a child adopted into a Scheduled Caste family can use his caste certificate without changing his adopted father's surname, as the adoption legally establishes him as part of the adoptive family with all associated rights and privileges.

Illustration:
Mr. and Mrs. Sharma, a couple belonging to the Scheduled Caste (SC) community, decide to adopt a child. They adopt Rahul, a child from the Other Caste (OC) community, who was orphaned at a young age. After the adoption process is completed legally, Rahul becomes the legitimate child of Mr. and Mrs. Sharma.

As per Section 12 of the Hindu Adoption and Maintenance Act, 1956, Rahul is deemed to be the child of Mr. and Mrs. Sharma for all purposes, effective from the date of adoption. This means that Rahul inherits the caste of his adoptive parents, i.e., Scheduled Caste, and he is entitled to use his adoptive parents' caste certificate for all official purposes.

Furthermore, Rahul can continue using his existing surname or choose to adopt the surname of Mr. and Mrs. Sharma, as per his preference. However, regardless of the surname he chooses, his caste identity remains that of the adoptive family, as determined by the adoption process and the provisions of the Hindu Adoption and Maintenance Act, 1956.

This illustration demonstrates how the Act governs the legal status of the adopted child, including caste identity and surname, ensuring that the child's rights and privileges are safeguarded within the adoptive family.

Therefore, according to the Hindu Adoption and Maintenance Act, 1956 and relevant case law, the child can continue using his caste certificate without changing his adopted father's surname. The adoption legally establishes the child as part of the adoptive family, entitling him to all rights and privileges, including the use of the caste certificate corresponding to the adoptive parents' caste.

Conclusion:
In conclusion, the Hindu Adoption and Maintenance Act, 1956, plays a pivotal role in determining the legal status of adopted children within Hindu families. Section 12 of the Act unequivocally states that upon adoption, the child becomes the legitimate child of the adoptive parents, with all rights and privileges akin to those of a natural-born child. This legal principle has been reaffirmed by various judicial precedents, including *G.V. Rao v. Andhra Pradesh State Road Transport Corporation*.

In scenarios where a child from one caste background is adopted by a family from another caste background, the Act ensures that the adopted child inherits the caste of the adoptive parents. This allows the child to utilize the caste certificate of the adoptive family for official purposes, irrespective of whether the child retains the adoptive father's surname.

Furthermore, while the Act does not mandate a change in the surname of the adopted child, it provides the flexibility for the child to choose whether to adopt the surname of the adoptive family or retain their existing surname.

Overall, the Act seeks to protect the rights and interests of adopted children, ensuring their integration into the adoptive family and wider society while upholding the principles of equality and non-discrimination.

Reference:

1. The Hindu Adoptions and Maintenance Act, 1956
2. Juvenile Justice (Care And Protection Of Children) Act, 2000
3. G.V. Rao v. Andhra Pradesh State Road Transport Corporation (1985) 1 SCC 314
4. Shabnam Hashmi v. Union of India (2014)(4) SCC 1

Written By: Vikrant Surya (Lawyer, Writer and Business)