• Version
• Download 18
• File Size 353.54 KB
• File Count 1
• Create Date 4 July 2025
• Last Updated 4 July 2025

From Marriage to Family: Examining Adoption, Surrogacy, and Custody Rights of Same Sex Couples in India

Nitesh Kumar

Assistant Professor and HOD , School of Law

Vijaybhoomi University, Greater Mumbai Karjat

Abstract

This article analyzes the same-sex couples' legal hurdles in India in the areas of adoption, surrogacy, and rights of custody. In spite of decriminalization of homosexuality in Navtej Singh Johar v. Union of India (2018), Indian family law still deprives LGBTQ+ individuals of equal access to family building. The Juvenile Justice Act, Surrogacy (Regulation) Act, and ART (Regulation) Act all support heteronormative assumptions that do not allow for the adoption of children by same sex couples together or access to reproductive technologies. Moreover, no legal certainty is available for custody and guardianship rights over children to same sex parents.

Based on constitutional ideals, international human rights norms, and comparative juridical models, this article argues that the existing legislative exclusions contravene the right to equality, dignity, and family life. The study also examines the psychosocial effects of such exclusions on LGBTQ+ families and highlights the imperatives for holistic legal reform. Finally, it concludes with policy recommendations for enhancing legal recognition and social acceptance of diverse family formations in India.

Keywords: Same Sex Couples; Adoption Rights; Surrogacy Laws; Child Custody; LGBTQ+ Family Rights in India.