A Comprehensive View On Homosexual Adoption In India: Legal Perspectives, Progress And Challenges

Dhaarani S., BCOM.LLB (Hons), School of Excellence in Law (SOEL), Tamilnadu Dr, Ambedkar Law University

Same-sex adoption in India is a complex and controversial issue, closely linked to the changing rights of LGBTQAI+. This article examines inclusiveness, equal parental rights, development and legal approaches to same-sex adoption in India. LGBTQAI+ individuals may have the same rights to a parent as their heterosexual counterparts, but they often face sociocultural barriers to adoption. Discrimination based on sexual orientation is still in existence, leading to a lack of support from the adoption agency, birth parents, and legal sestém. Getting everyone involved requires a cultural shift in which sexual orientation plays no part in how one can provide a loving and stable home for a child in need. Equal parental rights are central to any adoption process, but same-sex couples in India often face rejection and legal hurdles. Recognizing equal parental rights for same-sex couples is important not only for the legal protection of the child but also for recognizing the importance of family structures, and ensuring the well-being of LGBTQ+ individuals and their families also. Progress in same-sex adoption has been slow but significant, with Indian courts recognizing LGBTQAI+ rights in various spheres of life. However, the legal process for gay reception is challenging due to the lack of specific legislation. Although adoption laws in India are not gender-specific, social biases can affect their application, creating uncertainty for LGBTQAI+ individuals and couples adopting children.This article addresses the challenges faced by LGBTQAI+ individuals and couples in same-sex adoption in India and explores multiple perspectives including inclusion, equal parental rights, development, and regulatory mechanisms.

Keywords: Homosexual adoption, LGBTQAI+ rights in India, Inclusivity in adoption, Equal parental rights, Legal perspectives