Adoption Rights Of Same-Sex Couples

Aditi Mishra, Asst.Prof. Modern Law College Pune

ABSTRACT

The formal creation of a parent-child bond occurs through adoption. The Juvenile Justice (Care and Protection of youngsters) Act, 2015 Section 2(2) describes the process in India by which youngsters in need of a family become the child of a married couple or a single parent. Our nation's adoption culture is shaped by a variety of social beliefs as well as a lack of concern, decency, equity, and consideration for the abandoned and orphaned children up for adoption. On to the other hand, a same-sex marriage is an institution that unites a man and a woman. Only recently have a few homosexual weddings been approved, and society is progressively growing more permissive. The case of Navtej Singh V. Union of India, in which the Supreme Court invalidated Section 377 of the IPC, reflects this development. Opponents of same-sex adoption contend that children raised by LGBT parents suffer as a result. However, studies have consistently shown that same-sex couples are just as qualified and skilled to be parents as their heterosexual counterparts. Additionally, studies reveal that these adopted children are cognitively healthy and normal in comparison to children raised by heterosexual parents. In 2019, the Supreme Court denied a review petition that sought to legalise marriage and adoption for members of the LGBTQ+ community. In this instance, the court believed that issues involving delicate relationships—such as marriage, divorce, adoption, maintenance, etc.— should be handled carefully. must be in line with national acceptability and societal ideals in these domains, which is debatable when it comes to homosexuality. The ruling of the Apex Court allows gay couples to live a dignified and private life, but it restricts this freedom to the fundamental right to companionship rather than marriage. This is only applicable if the relationship is consensual, devoid of coercion or deception of any kind, and does not violate any partner's fundamental rights.

Keywords: Adoption, Same-sex couple, Adoption law, parenthood