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SANKARPRASAD (MNGR)     30 July 2024

Hindu adoption

Mr. A married Mrs B and are living together . But both are related to different religions and doesn't have children.

Now they want to Adopt a Male Child from near relatives.  What religion to be mentioned of that Adopted Child in Govt. School records? Mother's or father's?

 

Regards



 6 Replies

T. Kalaiselvan, Advocate (Advocate)     31 July 2024

The parents can decide to accord the religion that both have decided to the child, there is no restriction to choose the rleigion of the child of  either parent.

There is no embargo that the child hs to get the religion of the father lone, if there is any privilege available in either of the caste then he can choose the one which will be beneficial to the child

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     31 July 2024

In India, the religion of an adopted child is typically determined by the adoptive parents' religion. However, the specific rules may vary depending on the school and local authorities. Here are some general guidelines: 1. _Follow adoptive parents' religion_: Usually, the adopted child is expected to follow the religion of the adoptive parents. 2. _Mother's religion_: In some cases, especially in matrilineal societies, the child may be expected to follow the mother's religion. 3. _Father's religion_: In other cases, the child may be expected to follow the father's religion, especially in patrilineal societies. 4. _School's discretion_: Ultimately, the school authorities may have the discretion to decide which religion to record, based on the adoptive parents' preferences and local customs. 5. _Provide adoption deed_: It's essential to provide the adoption deed and other relevant documents to the school to support the child's religious identity. 6. _Consult with school authorities_: It's recommended to consult with the school authorities and clarify their specific requirements and procedures. Remember, the child's religious identity should be determined in the best interests of the child, and with respect for the adoptive parents' preferences and cultural background.

SANKARPRASAD (MNGR)     31 July 2024

Thank you sir(s).

Regards

Jagriti Agrawal   31 July 2024

First of all, in India there is no such law that abides you to follow any one religion of either parents. 

In your case and specified scenario, the child can adopt the religion of either mother or father, there are no pressure requisite laws or norms set that may choose the religion.

The most common practice followed in Indian society is that the child gets the religion of his or her father as the surname of father is added behind the child's name. 

But this is not at all a compulsory practice and following it or not is completely the discretion of the adopting parents.

Second of all, the best advice on selecting child's religion would be to select the religion that provides benefits to the child in future. 

For example:  If Mr. A is a christian (Minority) and Mrs. B is a Brahmin Hindu (Majority) then the child should preferably adopt the religion of father as in future he or she might get benefits of minority which will ease the struggle of success a little for the child. 

Another example could be : If Mr A is a Hindu (general caste) and Mrs. B is a Muslim ( OBC) then the child should preferably adopt the religion of mother as in this case the OBC category would benefit the child in future as compared to generak category.

SANKARPRASAD (MNGR)     31 July 2024

Thank you AgrawalJee..

 

Regards

Shashi Dhara   01 August 2024

They can take child under guardian nd wards act.

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