Reimagining Parenthood: Queer Families, Legal Barriers, And Reproductive Justice In India
- IJLLR Journal
- 1 day ago
- 2 min read
Arohi Sanyal, IGNOU
ABSTRACT
In India, same sex marriage is not recognized by law, and hence, such couples face myriad legal, medical, and social hurdles when they want to have children. This paper would begin by examining the definition of family, marriage, and parenthood, and examine how same sex marriage and families are finding a footing in the complex socio-cultural scenario in India. It would delve into the historical development of the law in this regard and then proceed to analyze the present-day legal position. Then it would examine the nuances of parenthood, discuss the various barriers same sex couples have to grapple with when they opt to adopt children or take recourse to Assisted Reproductive Technology, and conclude by discussing solutions for easing the trauma of such couples and providing them a fair opportunity to enjoy the bliss of parenthood.
In India, same sex marriages are still viewed with mistrust, ridicule, and sometimes even downright hostility. Life is a daily struggle for such couples, and when they wish to embrace parenthood, they have to navigate multiple roadblocks. They are one of the most marginalized groups in the country, historically denied even basic human rights, and have been the victims of several forms of discrimination. Indian judiciary has been proactive to grant rights to such couples at par with heterosexual couples, and the decriminalization of Section 377 of the Indian Penal Code in 2018 has opened new avenues for the LGBTQ+ community, however society has to bridge a huge chasm before such unions are accepted and children of such couples are treated with love and respect. This research paper would explore the access of these couples to artificial reproductive technology and adoption, and also explore the existing legal frameworks, socio-cultural barriers, emerging court rulings, and policy recommendations aimed at inclusivity and justice.
