Guardianship And Parental Rights In Same Sex Partnerships: A Comparative Perspective
- IJLLR Journal
- Dec 9, 2025
- 1 min read
Kripalinee Mohapatra & Loknath Prasad Sahoo, Birla Global University
ABSTRACT
This article examines the issues of guardianship and parental rights arising within same-sex partnerships - a problem that continues despite the attainment of marriage equality in many parts of the world. While it is undeniably true that legal recognition of same-sex marriage has altered both the social and legislative landscapes, significant obstacles remain for LGBTQ+ families, particularly with regard to the acknowledgment of non- biological parents, adoption, surrogacy, and the legal mechanisms of guardianship. Major jurisdictions included within this comparative study include the United States, United Kingdom, Australia, India, South Africa, and divergent European and Middle Eastern states to highlight the deficits of marriage reforms in overcoming the intersection of cultural, religious, and legal discrimination. International human rights instruments and related advocacy efforts are assessed for varied strengths and weaknesses. The article concludes with pragmatic recommendations for reforming the law and policy, calling for a shift away from marriage-centric equality toward an expansive, inclusive family law policy-one better aimed at securing the rights and best interests of children and parents in same-sex relationships.
