Adoption Rights Of Homosexual Couples In India: A Study In Gender Rights Perspective
- IJLLR Journal
- Jun 18
- 2 min read
Mohammad Imran, Galgotias University, Greater Noida, 203201
ABSTRACT
The shifting legal and societal dynamics in India have increasingly spotlighted issues surrounding identity and choice of gender within public policy debates. The Supreme Court’s 2018 decision to decriminalize Section 377 represented a pivotal advancement in LGBTQ+ rights. However, the question of adoption rights for same-sex couples remains largely unresolved and legally ambiguous. This paper critically analyzes India’s existing adoption framework, focusing on how it addresses—or fails to address—the rights of homosexual couples to adopt. Framed through a gender justice lens, the study delves into the interplay between statutory law and constitutional principles such as equality and non-discrimination. The Juvenile Justice (Care and Protection of Children) Act, 2015, regulates adoption laws in India and defines “couple” as a married heterosexual couple which means man and woman. This restrictive definition disallowing same-sex couples from adopting a child jointly. Whereas LGBTQ+ individuals may adopt as a single parent but this information hinders the formation of family of same-sex couple.
The Supreme Court’s ruling affirms the right of homosexual couples to cohabit with dignity and privacy, recognizing consensual same-sex relationships as constitutionally protected under the right to life and personal liberty. However, this recognition is confined to companionship and does not extend to the legal institution of marriage. Such relationships must be based on mutual consent, devoid of coercion, fraud, or exploitation, and must not infringe upon the fundamental rights of either partner.
The present work uses a doctrinal legal analysis method to conduct a thorough examination of pertinent statutes, case laws and policy documents. The research delves into several key aspects: the existing legal framework governing adoption and its exclusion of same-sex couples and social implications for children raised by homosexual parents. It also evaluates the constitutional validity of such exclusions against the principles of equality and non-discrimination enshrined in Indian law. Drawing comparisons with international best practices, the paper identifies gaps in the Indian legal system and proposes reforms to create an inclusive and equitable approach to adoption.
Keywords: Adoption, Same-sex, Homosexual couple, JJ act, LGBTQ+.
