Bombay HC Recognizes Unmarried Couple’s Right to Joint Adoption
- ByAdmin --
- 20 May 2025 --
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In a landmark judgment on April 20, 2025, the Bombay High Court acknowledged the right of unmarried couples to adopt children jointly. The decision marks a significant shift in Indian family law, offering new possibilities for unmarried couples, including LGBTQIA+ couples, to adopt children. This judgment places the welfare of the child at the center of the adoption process, regardless of the adoptive parents' marital status or relationship type.
Background of the Case
An unmarried couple, after living together for several years, sought to adopt a child. Their request was initially denied, as existing adoption laws did not explicitly allow unmarried couples to adopt jointly. This led to the couple challenging the denial in court.
- Current Adoption Laws: The Hindu Adoption and Maintenance Act (HAMA), 1956, and the Juvenile Justice (Care and Protection of Children) Act, 2015 allow adoption by married couples or single individuals, but unmarried couples have been excluded.
- The Couple’s Claim: The couple argued that their ability to provide a loving and supportive environment for a child should not be disregarded simply because they are unmarried.
Key Observations by the Court
- Welfare of the Child:
The Bombay HC emphasized that adoption must be granted based on the best interests of the child, as outlined in Article 21 of the Indian Constitution. The court stated that marital status should not be a factor in determining whether a couple is fit to adopt.
- Changing Family Dynamics:
The court noted that family structures are evolving and that laws should be adapted to reflect these changes. It recognized that an unmarried couple, whether heterosexual or same-sex, could provide a stable and nurturing environment for a child.
- Gender-Neutral Interpretation:
Interpreting the laws in a gender-neutral manner, the court stated that the term “married couple” should not be restricted to only legally married individuals. This broad interpretation ensures that unmarried couples can adopt jointly if they meet the criteria set by the adoption authorities.
- Affirming Rights of Unmarried Couples:
The ruling supports the rights of unmarried couples to adopt together, recognizing that their relationship status should not prevent them from forming a family. The court focused on ensuring that children have access to loving homes, regardless of the parental arrangement.
Legal Framework Involved
- Hindu Adoption and Maintenance Act, 1956 (HAMA):
This act governs adoption among Hindus and historically has limited adoption to married couples. The Bombay HC ruling challenges this limitation by extending adoption rights to unmarried couples.
- Juvenile Justice (Care and Protection of Children) Act, 2015:
This act allows for adoption by single individuals but does not explicitly include unmarried couples. The court’s interpretation now paves the way for unmarried couples to adopt jointly.
- Article 21 of the Indian Constitution:
This article guarantees the right to life and personal liberty, which the court used to argue that unmarried couples should not be denied adoption rights based on their relationship status, as long as the child’s welfare is prioritized.
- LGBTQIA+ Rights:
The judgment is also significant for same-sex couples, as it implies that they can now jointly adopt children, aligning with the broader recognition of LGBTQIA+ rights, following the Supreme Court's 2018 decriminalization of Section 377.
Important Points from the Judgment
- Right to Joint Adoption:
The court ruled that unmarried couples, including same-sex couples, can jointly adopt children, provided they meet the statutory requirements and pass the evaluation criteria of adoption agencies.
- Focus on Welfare of the Child:
The best interests of the child should be the primary consideration in adoption, not the marital status of the adopting couple.
- Gender-Neutral and Inclusive Interpretation:
The ruling ensures that the adoption laws are interpreted in a way that includes unmarried couples, irrespective of their gender or sexual orientation.
- Call for Legal Reforms:
The judgment indicates that current adoption laws need reform to explicitly recognize the right of unmarried couples to adopt jointly. The court's decision reflects the growing need for legal reforms to keep pace with evolving family structures.
Implications of the Judgment
- Empowering Unmarried Couples:
This ruling allows unmarried couples to adopt children, giving them equal footing with married couples. It supports diverse family structures, whether heterosexual or same-sex.
- LGBTQIA+ Inclusion:
The decision can be seen as a step forward for LGBTQIA+ rights, recognizing the right of same-sex couples to adopt children, thereby challenging traditional family norms.
- Legal Reforms in Adoption Laws:
The ruling opens the door for potential legislative reforms in adoption law, which could eventually ensure a more inclusive and progressive adoption process for all types of couples.
- Social Impact:
This judgment is expected to influence societal norms, promoting greater acceptance of non-traditional families and providing a platform for discussions on family rights and adoption policies.
The Bombay High Court’s ruling in favor of unmarried couples adopting children is a groundbreaking decision in family law. By prioritizing the welfare of the child over marital status, the court has created a more inclusive and progressive framework for adoption in India. This judgment not only supports unmarried couples but also lays the groundwork for further legal recognition of diverse family structures, paving the way for a more inclusive and fair society.
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