Our world is changing very fast. With the changes taking place in the world, new cases are also emerging. One such case is that of gay couples. In the last few years, many news of relationships of gay couples have come to light. Along with this, the demand for recognition of gay marriage has been raised loudly. It has been recognized in many countries, but it still remains a big issue in India.
Gay marriage may not have been legally recognized yet, but the big question is whether a gay couple can adopt a child while being in a relationship? Is it legal for gay couples to adopt a child in India? If yes, how is it different from the normal process?
Gay marriage is not recognized in India
In India, there is a long debate on same sex marriage from Parliament to court. Actually, it still comes under the category of crime in the country. In 2023, the Supreme Court had given a big decision on same sex marriage. The bench of 5 judges, giving a verdict of 3:2, had refused to give it legal recognition. Along with this it was said that Parliament has the right to give legal recognition to gay marriage.
So can gay couples adopt a child?
The biggest problem facing gay couples is that same sex marriage has not yet been recognized in the country. Actually, till now in the country, couples living in live-in relationship do not have the right to adopt a child. A child can be adopted only when two people are married. Therefore, even if a gay couple is in a relationship, they cannot adopt a child.
A single person can adopt a child
In India, even if a couple living in a relationship does not have the right to adopt a child, a single person can adopt a child. The Supreme Court had made it clear in its decision that this rule applies to homosexual persons also. That means a gay single man or woman can adopt a child under the necessary procedure.
