HOMOSEXUAL COUPLES AND THEIR RIGHT TO ADOPT A CHILD
INTRODUCTION
Adoption is a process that institute an enduring parent-child relationship between individuals who are not biologically connected. It is a system for children who cannot be raised by their biological parents due to various reasons such as poverty, illness, or other hardships to become a part of a loving and stable family. Adoption is a serious need for many children across the world who are either orphaned, abandoned, or given up by their biological parents.
The motive behind adoption is for children to get an amicable environment and family, which allow them emotional and physical growth. It is very important for law and society to change their attitude toward homosexuality and adoption by same-sex couples may continue to evolve.
The legal status of adoption by homosexual couples in India is a very complex and varies depending on the various set of conditions and locality. The legal view in India for adoption by homosexual couples has evolved over the period, and there have been notable developments.
JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015
This act has been passed on 31st December 2015. The act aimed at ensuring every child in need of care and protection is given a safe, stable, and nurturing environment, while the guidelines provide an overall context for the adoption process.
However, the current legal framework in India does not specifically permit or prohibit homosexual couples from adopting children. The Guidelines that govern the adoption of children, states that the eligibility of prospective adoptive parents is determined based on their ability, suitability, and willingness to adopt, and the also with the best interests of the child. The guidelines do not mention about sexual orientation as a factor in establishing the suitability of potential adoptive parents.
Central Adoption Resource Authority (CARA)
The Central Adoption Resource Authority (CARA) is a authority in India for the adoption of Indian children. It is a constitutional body functioning under the Ministry of Women and Child Development. CARA is authorised to regulate and monitor inter-country and in-country adoptions. CARA is the designated jurisdiction in India for inter-country adoptions according to the provisions of the Hague Convention on Inter-country Adoption, 1993 which was sanctioned in 2003. The authority mainly handles the adoption of orphaned, capitulate and cast aside children through its recognised or associated adoption agencies. It was founded in 1990. It is a statutory body under the Juvenile Justice Act,2015.
How Can a Homosexual Couple Adopt in India?
Adoption regardless of gender in India follows an equal and legal process. Both heterosexual and same-sex couples wishing to adopt should begin their journey by registering as prospective adoptive parents with a reputable and accredited adoption agency. After that the couples are registered with the adoption agency, the next important step is to conduct a thorough and comprehensive family survey. This important process includes an in-depth assessment of the couple’s eligibility for adoption, including the location of their home, their personal history, and their ability to care for their children and take care of the environment.
Single persons, regardless of their gender, including those who identify as LGBTQ+, are eligible to adopt in India.
The adoption law in India does not prohibit a single LGBTQ+ adoption. The adoption process in India is very complex and there are some things to follow. The recipient must be over 25 and under 50 years of age and in good physical, mental and emotional health.
In addition to these requirements, couples must be financially secure and able to provide a safe and loving home for their children.
The law in India does not discriminate against adoptive parents because of their sexual orientation.
Conclusion:
The issue of adoption by gay couples in India remains complex and evolving. The current legal framework does not explicitly permit or prohibit same-sex couple adoption. While the Youth Justice (Care and Protection of Children) Act 2015 and the Adoption Guidelines prioritize the best interests of the child, they do not specifically address the eligibility of same-sex couples as adoptive parents.
However, societal stigma and discrimination continue to present challenges for gay couples seeking to adopt. Preconceptions and prejudices can influence the attitudes of adoption agencies and courts, leading to inconsistencies in the adoption process. To overcome these barriers, it is essential that society continues to evolve.
Lastly, adoption should always focus on the welfare and best interests of the child. Every child deserves a caring and supportive family, regardless of their parents’ sexual orientation. With continued progress, both in law and in societal attitudes, we can ensure a fairer and more compassionate adoption system in India. By recognizing and respecting the rights of gay couples to adopt, we can provide loving and caring homes for children in need and create a better future for all.Khushi Tikkiwal ,a Student of Manipal University Jaipur
Author:- Khushi Tikkiwal ,a Student of Manipal University Jaipur
Ambit of Lease & Critique of Rent Control Acts India
