PARENTHOOD WITH PRIDE: A LEGAL ANALYSIS OF INDIAS LGBTQ ADOPTION RIGHTS

Despite progressive strides in LGBTQ+ rights in India, the adoption rights of same-sex couples remain mired in legal ambiguity and societal resistance. While Section 377 of the Indian Penal Code was read down in 2018, decriminalizing consensual same-sex relationships, Indian adoption laws still reflect a heteronormative bias. Under existing statutes like the Hindu Adoption and Maintenance Act, 1956, and the Juvenile Justice Act, 2015, there are no clear provisions that allow joint adoption by LGBTQ+ couples. As a result, same-sex couples face systemic discrimination, institutional apathy, and ambiguous legal interpretations that hinder their access to parenthood. This research critically examines the legislative framework governing adoption in India, evaluates the socio-legal hurdles faced by LGBTQ+ individuals, and draws comparative insights from international jurisdictions where inclusive adoption laws are in place. Furthermore, the paper explores the psychological well-being of children raised by LGBTQ+ parents and debunks prevailing myths surrounding queer parenting. It concludes with policy recommendations to ensure legal clarity, uphold constitutional equality, and affirm the right to family life for LGBTQ+ communities in India. This study highlights the urgent need for legislative reforms to recognize and protect diverse family structures, fostering a more inclusive and equitable society.