Law allows same-sex couples to adopt child, asserts CJI
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The Supreme Court on Wednesday said that the laws in India allow an individual to adopt a child irrespective of their marital status, reported PTI. The five-judge bench, headed by Chief Justice of India (CJI) DY Chandrachud, is currently hearing pleas regarding the legalization of same-sex marriages. The court also asserted that our laws recognize that people can adopt for a variety of reasons.
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Individual can be in single-sex relationship and adopt child: CJI
During the hearing, Chandrachud said, "Even a single individual can adopt a child. He or she may be in a single-sex relationship. You can adopt even if you are capable of biological birth." "Law recognizes that there may be situations apart from 'ideal family' having their biological children. What happens during the pendency of heterosexual marriage and one spouse dies," he added.
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Concept of gender might be fluid, but not motherhood: NCPCR
In its submission, the National Commission for Protection of Child Rights (NCPCR) argued that the concept of gender may be "fluid" but not motherhood. It further added that it has been held in several judgments that adoption is not a fundamental right. "Entire architecture of our laws to protect the interest and welfare of children who are naturally born to heterosexual persons," it said.