LGBTQ+ COMMUNITY’S RIGHTS TO ADOPTION- ISSUES AND CHALLENGES

AUTHOR – TAKSH MAKHEJA, STUDENT AT FINAL YEAR LAW STUDENT, AMITY UNIVERSITY NODIA, UTTAR PRADESH, INDIA

BEST CITATION – TAKSH MAKHEJA, LGBTQ+ COMMUNITY’S RIGHTS TO ADOPTION- ISSUES AND CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 772-780, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The rights of the LGBTQ+ community regarding adoption are a pressing issue around the globe, especially in countries like India that have an ongoing construing of societal norms and laws against the heteronormative backdrop. This paper will analyze the various hurdles confronted by the members and couples of the LGBTQ+ community in their endeavor for adoption rights concerning legal, social, and cultural discourses. It explores existing laws, for example, the Juvenile Justice (Care and Protection of Children) Act, 2015, the Hindu Adoption and Maintenance Act, 1956, etc., and points out the gaps in inclusivity. This research paper brazenly addresses the societal stigma and prejudices compounded by legal barriers while applying intersectional perspectives on LGBTQ+ identity and parenthood in a conservative socio-cultural architecture. It draws comparisons with more progressive concepts from other countries and recently observed comments from judicial decisions, with the intent of illustrating an urgent necessity for legal overhaul and shifts in policy. Ultimately, it argues for an inclusive definition of family sufficient to protect the rights of LGBTQ+ people to pursue family formation while ensuring the best interests of children. This paper thus intends to add to the discussions surrounding equality, human rights, and family law.

KEYWORDS- LGBTQ , Adoption, Rights, Law