SC allows queer couples to jointly adopt
- ByAdmin --
- 31 May 2025 --
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In a landmark judgment, the Supreme Court of India has recognized the right of queer couples to jointly adopt children. This progressive decision marks a significant step forward in affirming the rights of LGBTQ+ individuals and couples in the country, promoting equality and inclusivity within family law.
Background
Traditionally, adoption laws in India did not explicitly address the rights of queer individuals or couples, leading to ambiguity and legal hurdles for LGBTQ+ persons seeking to adopt children. Most adoption frameworks primarily recognized heterosexual couples or single applicants, often excluding or indirectly discriminating against queer applicants.
The petition before the Supreme Court sought legal recognition of joint adoption rights for queer couples, challenging discriminatory practices that barred them from adopting as a couple.
Key Highlights of the Judgment
- Recognition of Queer Couples as Legal Parents
The Court unequivocally affirmed that queer couples have the fundamental right to adopt jointly, recognizing their status as legal parents on equal footing with heterosexual couples.
- Equality under the Constitution
The judgment is grounded in the principles of equality and non-discrimination enshrined in Article 14 (Right to Equality) and Article 21 (Right to Life and Personal Liberty) of the Constitution of India.
- Interpretation of Adoption Laws
The Court directed that existing adoption laws, such as the Juvenile Justice (Care and Protection of Children) Act, 2015, and the Hindu Adoption and Maintenance Act, 1956, be interpreted in a gender-neutral manner to accommodate queer couples.
- Best Interest of the Child
Emphasizing the welfare of the child as paramount, the Court held that a child’s right to a loving and secure family environment must not be compromised by the sexual orientation or gender identity of the adoptive parents.
- Non-Discrimination in Adoption Agencies
Adoption agencies and authorities are instructed to refrain from discriminatory practices and ensure that queer couples are treated equally in all adoption procedures.
Legal Provisions Referenced
- Article 14, Constitution of India
Guarantees the right to equality before the law and prohibits discrimination.
- Article 21, Constitution of India
Protects the right to life and personal liberty, including the right to live with dignity.
- Juvenile Justice (Care and Protection of Children) Act, 2015
Governs adoption procedures and welfare of children.
- Hindu Adoption and Maintenance Act, 1956
Regulates adoption rights and responsibilities among Hindus, interpreted here in a gender-neutral context.
- The Transgender Persons (Protection of Rights) Act, 2019
Protects the rights of transgender persons, reinforcing the Court’s emphasis on inclusivity.
Impact of the Judgment
- For Queer Couples
The ruling empowers LGBTQ+ couples to legally form families through adoption, affirming their dignity and rights as parents.
- For Children
Children in need of adoption gain access to a wider pool of loving and committed parents, ensuring their best interests are prioritized.
- For Adoption Agencies
The judgment mandates agencies to update their policies and practices to be inclusive, avoiding any bias based on sexual orientation or gender identity.
- For Society
This decision fosters greater social acceptance and integration of queer families, promoting diversity and equality.
Way Forward
- Adoption laws and policies must be proactively amended to explicitly include queer couples and remove ambiguities.
- Awareness programs are needed to sensitize adoption agencies, social workers, and the general public about LGBTQ+ rights in adoption.
- Support systems and counseling services should be developed to assist queer adoptive parents and children.
Conclusion
The Supreme Court’s ruling allowing queer couples to jointly adopt is a historic affirmation of equality, dignity, and human rights. By upholding constitutional guarantees and prioritizing the welfare of children, the judgment breaks new ground in Indian family law, paving the way for inclusive and non-discriminatory adoption practices. This milestone contributes significantly to the recognition and protection of LGBTQ+ families in India’s legal and social landscape.
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