Examining the Legal and Social Challenges Faced by Same-sex Couples in Adoption and Surrogacy in India

Authors

  • Bhupal Bhattacharya Associate Professor, Banasthali , (A Deemed University)

Keywords:

Adoption, discrimination, equality, human rights, legal challenges, LGBTQ rights, same- sex couples, social challenges, surrogacy

Abstract

This paper examines the legal and social challenges faced by same-sex couples in adoption and surrogacy in India. Despite recent legal and social changes, same-sex couples in India still encounter significant barriers in accessing adoption and surrogacy services. This paper provides a comprehensive analysis of the legal framework governing adoption and surrogacy in India and explores the barriers that same-sex couples face in accessing these services. Through a review of existing literature and legal
cases, the paper highlights the various legal and social challenges that same-sex couples encounter, including discriminatory laws, a lack of awareness and acceptance, and stigma and discrimination. The research also examines the potential solutions to address these challenges, including legal reform, awareness campaigns, and support for same-sex families. By highlighting the legal and social barriers to adoption and surrogacy faced by same-sex couples in India, this paper aims to contribute to ongoing
efforts to promote equality and human rights for all individuals and families.

Author Biography

  • Bhupal Bhattacharya, Associate Professor, Banasthali , (A Deemed University)

     

    BHUPAL BHATTACHARYA   

     

    Address    :    Amity Law school, Amity University Mumbai, Bhatan,

    P.O. Samathne, Kasalkhand, Dist. Raigarh, Maharashtra- 410206

    E-mail    :    bhupalbhattacharya@gmail.com; bhupal@lawyer.com

    Skype id: bhupalbhattacharya

    Phone    :    09564368001/ 7718972360   

    PROFESSIONAL PROFILE

    • Accomplishing career as an Administrator and Educator at the Graduate and Post Graduate levels.
    • Outstanding track record in assuring student success and in litigation and drafting.
    • Extensive background of developing and implementing special programs for at-risk and special needs.
    • Effective communicator with excellent planning, organizational, and negotiation strengths as well as the ability to lead, reach consensus, establish goals, and attain results.

    PROFESSIONAL & ACADEMIC QUALIFICATIONS:   

    ❖

    Pursuing Ph.D. in Law. (2015 Registered)

    2015

    Assam University

    ❖

    Post Graduation in Social Work (2 Year MSW) with specialization in Family and Child Welfare

    2015



    SHIATS

    ❖

    Post Graduation in Law (2 year LL.M) with specialization  in Business Laws

    2010



    Kurukshetra University

    ❖

    Graduation in Law (LL.B.) with First Rank in College (2nd in University)

    2006

    Assam University

    ❖

    Graduation in Commerce with Honours in Accountancy

    2003

    Tripura University

    ❖

    Post Graduate Diploma in Computer Application (1 year PGDCA)

    2001

    National Academy of Computer Careers

     

    ACADEMIC /TEACHING EXPERIENCE

    » Assistant Professor, Scale-II, Amity Law school, Amity University Mumbai, (October 2016 to present date)

    Subjects Entrusted:

    3 year LL.B.                      : Law of Contracts, Hindu Law, Company Law.

    5 year B.A., LL.B. & BBA LL.B. ( Hons.) : Law of Contracts, Hindu Law, Direct Tax, Company Law,  Consumer Protection Act, 1986, Property Law

    1 Year LL.M: Competition Law

     

    » Lecturer, Law College Durgapur, July 2011 to 5th October 2016

    Subjects Entrusted:

    3 year LL.B.                      : Law of Contracts, Hindu Law, Direct Tax, Company Law.

    5 year B.A., LL.B. ( Hons.) : Law of Contracts, Intellectual Property Rights (IPR), Hindu Law, Direct Tax, Company Law,  Consumer Protection Act, 1986,

    » Visiting Lecturer cum Consultant, Sikkim Manipal University, Agartala Learning Center (Two Academic Sessions viz. Fall 2008 & Spring 2009)

    For MBA    :    (a) Legal Aspects of Business; and (b) Taxation Management.

    For BBA    :    (a) Legal Regulatory Framework.

    » Visiting Faculty, State Institute of Public Administration and Rural Development (SIPARD), Agartala, Tripura (2003), Taught: Basic concepts of Information Technology along with Programming Language.

    PUBLICATIONS, SEMINAR PRESENTATIONS & PARTICIPATIONS (UGC SPONSORED)

    • Polluter pays principle: A critical Review (Published in JCC Law Review, Vol. VI No. I, ISSN 2231 296X 2015)
    • Studying Development: A step towards Sustainable Environment and protection of Human Rights (Published in Forest and Environment in India- Law, History, Culture, and Modern Approaches, ISBN 978-93-83252-85-5, EBH Publications, India, December 2015)
    • Conjugal Visits In Prisons In India: A Human Rights Justification

    (Paper presented in International Seminar in Sidho-Kanho-Birsha University, Purulia, West Bengal, India, on April 29 & 30, 2014)

     

    • Insensitive Gender Justice in Modern India. (Published in Global Journal of Juridical Sciences, ISSN 2347- 5668, September 2013)
    • Arrest suspends the right to life and liberty of an individual: A study of societal sanction towards custodial crime.

    (Paper presented in National seminar in Kalyani University, 18th & 19Th November 2013.)

    • “Development, Environment and Sustainable Livelihood”

    (Participated : Department of Economics, University of Burdwan, January 18-19, 2013)

     

    • Privatization of Higher Education in India with Special Focus on the Role of  Private Universities in Legal Education

    (Participated in: Jogesh Chandra Chaudhuri Law College, Kolkata in collaboration with Jindal Global Law School, Sonipat, Haryana on 10th February 2013)

    • Arrest suspends the right to life and liberty of an individual: A study of societal sanction towards custodial crime (Paper presented in National Seminar in The Department of Political Science, The University of Kalyani)
    • Unbridled Exploitation of Poor Indians in Clinical Trials, ISBN 978-81-909143-6-9

    (Paper presented in: Ambedkar College, Fatikroy, North Tripura on 9th and 10th February 2012, ).

    • Changing Forms of Crimes in Our Society and Ways for Its Prevention,

    (Published in: Changing Society, Culture and Its Impacts on People, ISBN-978-81-909878-9-9) (Paper presented in: Sambhu Nath College, Labpur, Birbhum, West Bengal on 15th & 16th February, 2012.)

    • Water Sharing: New Equation of Indo Bangladesh Relation

    (Published in: JCC Law Review, Vol. III No. 1, ISSN 2231 296X 2012)

    • An Analysis of Prolific and Unplanned Expansion of Higher Education in India

    (Paper presented in: Calcutta University, West Bengal March 15th & 16th  2012)

    • Corruption Control: An Insight

    (Paper presented in: Durgapur Institute of Legal Studies, Durgapur, District Burdwan, West Bengal September 28th & 29th 2012)

     

    • Tipaimukh: New Equation Of Indo Bangladesh Bilateral Relation

    (Published in: Centre for Juridical Studies Dibrugarh Uniersity, 2012, ISSN No.-0976-1543)

    • A Journey Towards Implementing Directive Principles Of State Policy An Analysis Of Landmark Cases
    • In search of Human Rights in Legislation and Regulatory Practices

    (Paper presented in: Directorate of Distance Education, Tripura University, Tripura, 2nd December 2012)

     

    ASSOCIATED MEMBERSHIPS

    • Enrolled as Member of the Gauhati High Court Bar Council 89/2007.
    • Enrolled as Member of the Tripura Human Rights Organization, 2008.
    • Enrolled as Member of the Tripura Bar Association, 2007.

     

    HIGHLIGHTS OF LITIGATIONS & PROFESSIONAL EXPERIENCES

    Kings & Alliance -Advocates & Solicitors, New Delhi (with Advocate on Record Ms. Puja Sharma and Mohit Chaudhary), E-45, Lajpat Nagar, New Delhi.

    » Advocate and Associate (Aug 2009 – Jul 2011)

    • Handling of Cases; drafting and finalizing agreements and preparing Legal Notices
    • Keeping track over the journals, circulars, notifications on Criminal and Civil Laws etc.
    • Reviewing the documents relevant to the case, Privilege and Specific Concepts etc.

    Sr. Adocate Mr. Saktimoy Chakraborti, Gauhati High Court, Agartala Bench

    • » Advocate and Associate (November 2006 – Jul 2009)



    PROFESSIONAL AFFILIATIONS

    • Final Exam Paper setter & Examiner of 5 Years B.A. LL.B., (Hons.), University of Burdwan, & Kalyani University from 2011 to till date
    • Executive Member, Journal Committee Law College Durgapur, Rahul Foundation. 2011 to till date
    • Disciplinary Committee, Member, Law College Durgapur, Rahul Foundation. 2011 to till date
    • Consultant of Sikkim Manipal University, Agartala Branch- 2008-2009

     

    ADDITIONAL SOCIAL WORK CONTRIBUTIONS:

    • Unified Transcendence: Founder Member cum Secretary (August 2016 onwards to till date)

     

    Remarkable Achievements:

    • Organized Awareness Programmes in the State of Assam (Shibsagar), and about to organize 3 days Rural Entrepreneurship Fair from 31st March to 2nd April 2017 focusing in the potential sectors of Crafts and Arts, Women Empowerment, FMCG, Micro Finance, Agriculture, Training Projects in the state of West Bengal (Durgapur).
    • Organized a Rural Entrepreneurship fair in collaboration with NIT Durgapur, West Bengal on 31st March to 2nd April 2017.
    • ARC Foundation: Director of Netaji Subhas Chandra- Centre for Welfare and Social Development (An independent wing of the ARC Foundation (from 15th January 2014 onwards to till date; Registration No. IV - 00101 of 2012, Sl. No. 02326 of 2012)
    • Remarkable Achievement: Opening of lakhs of Jan Dhan Bank Accounts under the Government Scheme.

    I.T. SKILLS :

    • Office Packages    :    MS Office (MS Word, MS Excel, MS Access and MS PowerPoint).
    • Programming    :    GW BASIC Language, FoxPro Language and ‘C’ Language.
    • Operating Systems    :    Windows. 97-2003/ Win. 2007/ Win.  XP/ Win. NT/ Win. Vista.

    PERSONAL DETAILS :

    • Father’s Name      :    Prof. Bhakti Prasanna Bhattacharjee (Ex Professor & H.O.D.,

    The Maharaja Bir Bikram College, Tripura University, Agartala).

    • Mother’s Name       :    Smt. Sankari Bhattacharjee (Housewife).
    • Date of Birth       :    17th December 1981.
    • Nationality        :    Indian by Birth.
    • Permanent Address : C/o. Prof. B. P. Bhattacharjee, Bhattacharya Enclave,

            Indranagar,   Agartala, Tripura (West) PIN 799006

    • Languages known       :    English, Hindi, Bengali and Assamese.
    • Strengths       :    Attentive, Adaptive, Co-operative, and Hardworking.

    INTERESTS & HOBBIES:

    • Social Work activities, Professional Counseling, Travelling, Singing and Listening Music.

    DECLARATION: To the best of my knowledge and belief, I hereby declare that all the information as furnished above is true and correct.

     

    BHUPAL BHATTACHARYA

References

1. Chamie Joseph, Barry Mirkin. Same‐sex marriage: A new social phenomenon. Population and Development Review. 2011; 37(3): 529–551.

2. Sridhar Archana. The conflict between communal religious freedom and women ’s equality : A proposal for reform of the Hindu Succession Act of 1956. Berkeley J. Int’l L. 2002; 20: 555.

3. Mishra Archana. Bridging the gap between the Juvenile Justice Act 2000 and Christian personal law—inheritance rights of adopted and illegitimate children in India. Australian Journal of Family Law. 2015; 43(29): 43–64.

4. Mishra Divya. Surrogacy (Regulation) Bill, 2019. Jus Corpus LJ. Aug 2021; 1(4): 193–199.

5. Singh Devinder. Adoption Laws: Challenges concerning procedure from human rights perspective. National Human Rights Commission India. 2022; 21: 71–90.

6. Qadeer Imrana, Mary E John. The business and ethics of surrogacy. Economic and Political Weekly. 2009; 44(2): 10–12.

7. Jennings Sarah, Laura Mellish, Fiona Tasker, Michael Lamb, Susan Golombok. Why adoption? Gay, lesbian, and heterosexual adoptive parents’ reproductive experiences and reasons for adoption. Adoption Quarterly. 2014; 17(3): 205–226.

8. Banerjee Sneha, Prabha Kotiswaran. Divine labours, devalued work: The continuing saga of India’s surrogacy regulation. Indian Law Review. 2021; 5(1): 85–105.

9. Norton Wendy, Nicky Hudson, Lorraine Culley. Gay men seeking surrogacy to achieve parenthood. Reproductive Biomedicine Online. 2013; 27(3): 271–279.

10. Weeks Jeffrey, Brian Heaphy, Catherine Donovan. Same sex intimacies: Families of choice and other life experiments. London: Psychology Press; 2001.

11. Jennings Sarah, Laura Mellish, Fiona Tasker, Michael Lamb, Susan Golombok. Why adoption? Gay, lesbian, and heterosexual adoptive parents’ reproductive experiences and reasons for adoption. Adoption Quarterly. 2014; 17(3): 205–226.

Downloads

Published

2023-04-15

Issue

Vol. 6 No. 1 (2023): Journal of Family & Adoption Law (January-June)

Section

Articles

Categories