International Journal For Multidisciplinary Research

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Volume 7 Issue 3
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Adoption Rights Of Same-Sex Couple

Author(s) Ms. Rachi Rajesh Chavan
Country India
Abstract This research paper critically analyse the adoption rights of same sex couple (LGBTQ+ community) in India. It discusses the provisions of adoption laws in India, highlighting how the legislations ae discriminatory in nature and existing laws are not capable of the adoption. This paper also argues that the existing laws violates the fundamental rights of LGBTQ+ community.
It also discusses about the juvenile justice (CARA) act. Drawing on legal analysis and scholarly insights from “Panchal (2020), Meena et al. (2019), Bhaskar et al. (2012), and Burleson (2009)”, the paper explores the legal impediments faced by the LGBTQ community in exercising their adoption rights. This study delves into the significant implications of recent legal changes in India, particularly the decriminalization of homosexuality and the non-recognition of same-sex marriage, on the legal acknowledgment and safeguarding of adoption rights for same-sex couples. However, the non-recognition of same-sex marriage introduces significant legal obstacles to joint adoption for same-sex couples, as many adoption laws and policies give preference to married couples. This lack of recognition also results in discriminatory practices in some adoption agencies or authorities, further complicating the adoption process for same-sex couples.
The conclusion calls for legislative or judicial action to ensure equal adoption rights for LGBTQ couples and individuals in India, aligning with principles of constitutional morality and the best interest of the child. In conclusion, while there is still a long way to go, the evolving landscape of adoption rights for same-sex couples in India offers hope for a future where all individuals, regardless of their sexual orientation, can experience the joy of parenthood.
Keywords adoption, same-sex couple, LGBTQ+ community, JJ act, CARA, etc.
Published In Volume 7, Issue 3, May-June 2025
Published On 2025-06-09
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E-ISSN 2582-2160
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