Legal Framework For Same-Sex Couple's Acceptability For Marriage And Adoption In India

Elen P Kurian, Christ (Deemed to be University) Delhi NCR

ABSTRACT

The research paper, as indicated by its title, focuses on the concept of marriage and adoption within the context of same-sex couples. With the recent verdict of the Supreme court it is has been made clear by the judiciary that the non heterosexual side of the population would still lack its recognition when it comes to the formation of their union in marriage, their status of eligibility on the benefits that are expected to arise out of this union and their capability and mental capacity to form a family for which their rights to adopt comes into place. While many of the legislations including the Constitution of India have been framed and drafted drawing inspiration from the laws around the world, the literature review conducted across seven articles provides valuable insights into the perspectives of same-sex couples marriage and them adopting children. These articles encompass a range of international jurisdictions, including the USA, Taiwan, California, Portugal, and others. Through the analysis of these articles, we gain a deeper understanding of the advantages and disadvantages associated with the adoption of different legislation. Additionally, we explore how these insights can be applied to potentially amend our own country's legislation regarding same-sex adoption and shift societal attitudes towards this issue. Furthermore, the review delves into the examination of whether same-sex couples raising adopted children have any adverse psychological effects on the child's development. It also raises questions about whether denying adoptive rights to same-sex couples might constitute a violation of human rights. Lastly, the review considers the evolution of adoption legislation over time and highlights conflicts that have arisen within various jurisdictions. As the court disagrees to the need to recognize same marriage and their stand as parents, the chosen research focus for this study centers on students, as ontology suggests that any laws and regulations created should align with the preferences of its citizens and resonate with their emotions and interests. In part, refusing to acknowledge the right to marry and establish a family can be seen as a denial of the right to life. This investigation aims to gauge the extent of acceptance of the aforementioned idea.