Response

Caste change can be achieved legally only when someone has been adopted.

As per the Hindu law following child may be adopted namely-

The child can either be a girl or a boy if he/she is a Hindu.
He/ She has not been adopted before.
The age of the child is below 15 years.
The child should not be married.
As per the Guardianship law and The Juvenile Justice (Care and protection of children) ACT, 2015 following child may be adopted namely-

Who is not a Hindu?
Who is minor (not completed the age of 18 years).
An orphan or abandoned or surrendered child.

Under the Hindu Adoption and Maintenance Act, 1956 the party willing for adoption can make application to Child Welfare Agency. Registration can be done either an Adoption Coordinating Agency (ACA) found in each stateÕs capital city, or an agency certified by the Central Adoption Resource Authority (CARA) in New Delhi.

After this, the agency conducts a preliminary interview with the adopting couple in order to understand their intention and motivation behind adoption.

Once the party decides which child are they going to adopt they file the petition at the court of apt jurisdiction, where court hearing takes place regarding adoption (the court is required to dispose the adoption case within 2 months).

Once the Court issues the decree, the adoption is finalized.

Under the Guardianship and Wards Act, 1890, the party seeking guardianship has to file application to the Court where they provide complete information on them, reasons behind to become guardian of a child and other information asked in the application.

After admitting the application, the court will set the date of hearing where it will hear and view evidence, requirements and considering the interests of a minor, then the court will decide whether the guardianship of a minor should be given to such party or not.

Reference: HINDU ADOPTION AND MAINTENANCE ACT, 1956
The Hindu Adoption and Maintenance Act, 1956 is a part of codifying and modernizing Hindu law and was passed after independence. This acts removes several gender based discriminatory factors by reflecting the principles of equality and social justice.
Section 6 to Section 11 of Hindu Adoption and Maintenance Act states clearly the essential conditions for the valid adoption.

The Guardian Wards Act, 1890
A law to replace all other laws regarding the same. It was the only non-religious universal law regarding the guardianship of a child and is applicable to all India except the state of Jammu and Kashmir. This law is particularly applicable for Muslims, Christians, ParsiÕs and Jews as because their personal laws do not permit full adoption. It is applied to all children regardless of their race or creed.

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LAWAYZ-2023-307