Journal of Family & Adoption Law

Adoption Rights and Infertility: A Critical Examination of Indian Legal Provisions

Prajakta S.Bhilugade Prajakta, Vikram V. Irale — Fri, 02 May 2025 00:00:00 +0000

Though the concept of adoption is not free from controversies in general 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.

Family Law in India: Legal Framework, Rights, Reforms, and Contemporary Challenges

N. Krishna Kumar, Varun Babu — Sat, 02 May 2026 00:00:00 +0000

Family law in India is a distinctive combination of statutory rules, personal laws, and constitutional values that regulate family relationships. It covers important areas such as marriage, divorce, child custody, adoption, maintenance, inheritance, and protection from domestic violence. As society continues to evolve, family law has also changed considerably, especially in response to growing concerns for gender equality, child welfare, and the protection of individual rights and dignity. This article provides a comprehensive analysis of the Indian family law system, examining its historical evolution, legal foundations, and major legislative frameworks. It also evaluates judicial interventions and landmark decisions that have reshaped the interpretation of family law. The study highlights persistent challenges such as legal pluralism, gender inequality, and implementation gaps, while also exploring emerging trends such as recognition of live-in relationships and digitalization of legal processes. The article concludes by emphasizing the need for progressive reforms, uniformity, and effective enforcement to ensure justice, equality, and protection within family relationships.

RECONCEPTUALISING PARENTHOOD IN INDIAN FAMILY LAW: SHARED PARENTING AND THE CASE FOR PATERNITY LEAVE

Shambhavi Mathur, Sakshi Devanda — Fri, 01 May 2026 00:00:00 +0000

The hierarchy within parenting laws in India continues to undermine joint parenthood and gender equality. This paper demonstrates the legal framing of parenthood through Hindu Minority and Guardianship Act, 1956, and the Guardians and Wards Act, 1890, which designate fathers as the "natural guardians" while consign mothers to secondary status, yet
parallely relegate fathers to breadwinning roles through the absence of statutory paternity leave. Analysing the landmark judgment by the Supreme Court in Hamsanandini Nanduri v. Union of India, 2026 where paternity leave was recognised as a social security entitlement. The dichotomy between legal guardianship and actual caregiving perpetuates the "best
interest of the child" as an abstract principle rather than an enforceable reality. The absence shared parenting and paternity benefits schemes becomes a major impediment to bond. This paper introduces legislation reforms to the hierarchical structure of guardianship and install equal parental responsibility, which includes mandate parenting plans, and creating a statutory right for all parents, regardless of gender, to have parental leave. In order to reconceptualise parenthood, it is necessary to move away from the "breadwinner-caregiver" model of parenting towards a child-centred model in which both parents' involvement in their child's upbringing is presumed and supported by law and policy.

Balancing Legal Principles and Human Relationships in Family and Adoption Law

V. Basil Hans — Sun, 01 May 2022 00:00:00 +0000

Family and adoption law holds a distinctive position at the convergence of legal frameworks and interpersonal connections, necessitating that formal regulations address profoundly personal circumstances. This article looks at the basic ideas that guide family and adoption law, such as the child's best interests, parental rights, and the state's duty to protect welfare. It looks at the legal steps that must be taken to adopt a child, the rights and responsibilities of adoptive parents, and the protections that children have in different types of families.
The article also talks about the emotional, social, and moral factors that affect how people make legal decisions in this area. The conversation focuses on the significance of balancing strict legal frameworks with compassion and flexibility by looking at modern problems such changing conceptions of family, cross-border adoption, and the need for child-centered methods. In the end, the paper says that good family and adoption law must balance legal certainty with the real-life experiences of people to make sure that both justice and compassionate outcomes happen.

Love Meets Law: An Analytical Examination of the Legal Frameworks Regulating Marriage

V. Basil Hans — Fri, 01 May 2026 00:00:00 +0000

People frequently think of marriage as a personal and emotional bond, but it also has important legal effects that affect people's rights and duties. This article looks at the connection between love and the law, showing how marriage is both a social institution and a legally binding agreement. It looks at important legal issues such consent, registration, property rights, inheritance, maintenance, and divorce.

The conversation goes on to talk about how different legal systems and personal laws affect marriage rights and duties, especially in nations with a lot of varied cultures. It stresses how important it is for couples to know the law so they may make smart choices before and during marriage. This article tries to make it obvious how the law rules marriage and protects people's interests by bridging the gap between emotional commitment and legal framework.

In the end, the author makes the point that marriage starts with love, but legal systems that make sure justice, equality, and accountability are in place are what keep it going and fair.

Marriage Counseling: A Path to Stronger Relationships

Sapna Sukrut Deo — Mon, 18 Aug 2025 00:00:00 +0000

Marriage is a significant commitment that requires continuous effort, understanding, and communication between partners. However, conflicts, misunderstandings, and emotional distance can lead to marital distress, sometimes resulting in separation or divorce. Marriage counseling serves as a professional intervention to help couples navigate challenges, improve communication, and strengthen their bond. This paper explores the importance of marriage counseling, the psychological and legal aspects involved, the role of technology in counseling, and the challenges faced in providing effective marital therapy.