Adoption Rights and Infertility: A Critical Examination ofIndian Legal Provisions
Keywords:
Adoption rights, Ultimately, United Kingdom, South Korea, same-sex couplesAbstract
Though the concept of adoption is not free from controversies in public, there is close relevance between the incidents of infertility and the resort to adoption, as a means to cope up the want of parenthood. Individuals have a right to found a family which is recognised both under International and Municipal Laws. Under various Indian laws, like Hindu Adoption and Maintenance Act 1956, Guardianship and Wards Act, Juvenile Justice (Care and Protection of Child) Act 2000, CARA Guidelines, the right of male or female parent to adopt a child, is recognised unrelatedly to their marriage status. However, with regards to individuals who belong to LGBTQIA++ community the right is restricted. The research also examines the unrealistic and questionable requirements imposed on infertile couples seeking to adopt under existing laws. Globally, countries, such as the United States, South Africa, the United Kingdom, Australia, South Korea, members of the European Union, France, and Switzerland, permit full joint adoption by same-sex couples and follow more standardized adoption frameworks. In contrast,
India has limited academic research exploring the attitudes of infertile couples toward child adoption. This can be enhanced by bringing the laws up-to-date with requirements of present Indian couples, balancing both infertile and generative individuals on a scale of parenthood. Ultimately, the idea of adoption is to give a child to childless couple rather than to give a parent to parentless child.
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