Supreme Court Makes Way for Queer and Unmarried Couples to Adopt Children

NEW DELHI: In what is being hailed as a landmark verdict, the Supreme Court of India has ruled down the regulations issued by the Central Adoption Resource Authority regarding the adoption of children and made way for queer and unmarried couples to adopt children. The five-member Bench of the Supreme Court also termed the Central Adoption Resource Authority regulations “unconstitutional” during this hearing.

The Central Adoption Resource Authority (CARA) is a statutory body under the Ministry of Women and Child Development, Government of INDIA and governs all activities related to the adoption of children in the country. Under its regulations, the organisation restricts queer and unmarried couples from adopting children.

A five-member Constitutional Bench led by the Chief Justice of India, DY Chandrachud termed these regulations of the Central Adoption Resource Authority as "unconstitutional.' and the ideology that only "heterosexual married couples can be good parents" is unfounded and discriminatory. This ruling of the Apex Court will bring in some key changes among the key requirements of people of the country who want to adopt children and pointed out that being married or unmarried lacks a reasonable link to the key objective of the organisation which is to ensure the welfare of the child. Justice Sanjay Kishan Kaul, Justice S Ravindra Bhat, JusticeHima Kohli, and Justice PS Narasimha were also on this Bench.

The CJI also pointed out that the regulation to not allow queer couples to adopt children is in violation of Article 15 of the Indian Constitution and urged that the Center as well as the States and UTs take active action to prevent discrimination against the queer community including sensitisation, the establishment of hotlines, safe houses and prevent forced medical procedures. “No person shall be forced to undergo any hormonal therapy,” noted the Bench. They also mentioned that no questioning or persecution be done by the police solely based on sexual orientation.

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