An Analytical Study Of Adoption Rights For Same-Sex Couples In India: Legal Challenges, Societal Impacts, And Future Prospects

This essay engages with the question of whether same-sex couples are allowed to adopt in India. Adoption is a complex process as it involves an institution, an orphan, and a couple willing to adopt or sponsor such an orphan. In India, the guidelines surrounding adoption were largely common for all couples, irrespective of age, caste, race, or religion. Recently, specifically after the decriminalization of homosexuality, the procedure for the adoption of orphans has been rationalized by specific acts and rules. Same-sex couples, due to their sexual orientation, have been subjected to suffering agony and pain. They are not allowed to adopt and hence have to suffer discrimination. The restriction on same-sex couples adopting a child originates from the belief that allowing same-sex couples to adopt will leave the child scarred for life. There is no consideration for the social impact of children who are either abandoned or orphaned regarding such adoption. It is a fact universally accepted that the future of a society depends on the future of its younger generation. When asked what children need, people from a diversity of ethnic, age, and socio-economic groups, and people representing different religions, ethics, and professions tend to agree about the basics. They need the opportunity for a welcoming, nurturing, and stable family. Research indicates that taking away children from their families can have devastating psychological effects. When marriage in India is legally allowed irrespective of gender, it makes same-sex relationships valid. Hence, the right to adoption is a corollary of such rights which are available to one section of society. Decriminalization is a step toward recognizing the rights of such couples.