Can daughter get ST certificate if step father is from ST community

Im a 38 yr old hindu having a 14 yrs old daughter. Im getting married(after legal separation) a man who belongs to the Schedule Tribe community .My daughter is under my legal custody. is my daughter eligible for ST certificate ? some lawyers adviced that my 2nd husband needs to adopt my daughter then only she will be eligible does he need to do the long legal process to adopt his step daughter or this type of adoption are automatic since he has married her mom?

Answers (2)

128 votes

A person who was not a SC/ST by birth will not be deemed to be a member of a SC/ST merely because he or she has married a person belonging to SC/ST. Similarly, a person who is a member of a SC/ST would continue to be a member of that SC/ST even after his or her marriage with a person who does not belong to SC/ST. In fine, a SC/ST person by birth continues to be so till his/her death.

Caste identity: One of the following documents may be accepted:-

i) Caste certificate of any relatives having blood relation with the applicant from paternal side and proof of such relation (genealogical tree/ chart)

ii) Copy of old land deed (prior to 1950) specifying community name in that document

iii) Any Govt. Document proving Caste identity.

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191 votes

I am sure you must realise a man marrying a girl and their biological child gets automatic implementation of everything concerning the father if the child is not a biological one or from some other father then new father has to take no objection certificate from erstwhile father to adopt the child as well as guarantee that no harm shall be made to the child concerned only upon Adoption under Adoption Act it is possible

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