For Love Or Law: The Dilemma Of Lgbtqia+ Rights In Marriage And Adoption In India

Nishtha Chopra, ICFAI Law School, Hyderabad

ABSTRACT

In India, same sex marriages are still not recognized, despite the ongoing efforts to recognize and legalize them. This recognition is important because it relates to the fundamental rights for LGBTQIA+ people and to protect, safeguard and recognize their relationships. Legalizing same-sex marriage would not only provide legal recognition and protection for such couples, but would also increase societal acceptance and decrease discrimination against the rainbow community. This article dives into the intricate setting of the LGBTQ rights, with specific focus on marriage and adoption in such a country where same sex unions are not recognized. It will also explore the hardships faced by these couples in India as they juggle through a complicated web of societal rules and expectations, legal issues and their own personal aspirations. It examines the conflict between love and legality in depth, emphasizing the devastating impact on the lives and dreams of LGBTQ groups; with an aim to promote a comprehensive awareness of the difficult balance between personal choices and legal restraints within India’s LGBTQ population by diving into the experiences of individuals and families towards greater inclusivity and acknowledgment of their rights in the country. The article then delves into the complexities surrounding adoption for LGBTQ couples in India. While the country’s adoption laws do not specifically prohibit LGBTQ people from adopting, cultural attitudes and prejudices can be substantial obstacles. The article explores the challenges that LGBTQ couples experience during the adoption process, ranging from cultural stigma to legal ambiguity, and presents examples of community resilience and success. This article also aims to eliminate myths and stereotypes surrounding the LGBTQ parenting by comparing outcomes with those in traditional family system.

Keywords: LGBTQIA+ rights, Marriage equality, India, Same-Sex Unions, Legal Recognition, Adoption