THE INTERFACE BETWEEN MARRIAGE AND ADOPTION RIGHTS FOR THE LGBTQIA+: A CONSERVATIVE APPROACH UNDER THE FACADE OF PRACTICALITY?

Abstract

The 21^st century India stands at the crossroads of proliferating socio-cultural maturation and adherence to dogmatic notions about social institutions. The horizons of love, unity and togetherness in today’s global community have grown and expanded. In stark contrast to such expanding horizons, the LGBTQIA+ community though diverse and growing, remains a stigmatised community. India is home to more than 2.5 million individuals belonging to the LGBTQIA+ community, yet the legal scenario and jurisprudence surrounding them is far from developed. The family laws are obsolete, riddled with ambiguity and lack of clarity. Though homosexuality is decriminalised, the community still struggles for rights as basic as marriage and adoption.  This paper aims to establish an interface between marriage and adoption laws vis-à-vis the LGBTQIA+ community in India. Part I of the paper provides a comprehensive understanding of the legal status of the LGBTQIA+ community’s marriage and adoption laws in India and internationally. Part II of the paper provides a thorough review of existent literature on the marriage and adoption laws for the community. Part III of the paper provides an understanding of the primary research questions and methodology. Part IV of the paper is a discussion of the findings and prevalent trends along with reforms suggested by the authors.     

Key Words: Marriage, Adoption, LGBTQIA, Family Law, Same-Sex Marriage