CJI Upholds the Right of Unmarried Couples to Adopt Children

CJI Upholds the Right of Unmarried Couples to Adopt Children

VoM News Desk | October 17, 2023 | 12:02 PM IST | Breaking News, Courts & Law | Follow on Google News

CJI Upholds the Right of Unmarried Couples to Adopt Children

CJI Upholds the Right of Unmarried Couples to Adopt Children

Chief Justice of India DY Chandrachud, while delivering a significant judgment on same-sex marriage, made important observations regarding the adoption of children by non-heterosexual couples. He emphasized that the law should not assume that only heterosexual couples are capable of being good parents, and any such assumption would amount to discrimination.

Challenging CARA Guidelines for Adoption

In the context of adoption guidelines set by the Central Adoption Resource Authority (CARA), the Chief Justice pointed out that the Juvenile Justice Act does not prohibit unmarried couples from adopting. Furthermore, he noted that the Union of India had not provided sufficient evidence to demonstrate that such adoptions are not in the best interest of the child.

CARA Exceeds Authority

Justice Chandrachud asserted that CARA had exceeded its authority by preventing unmarried couples from adopting. He argued that differentiating between married and unmarried couples lacked a “reasonable nexus” with CARA’s primary objective, which is to safeguard the best interests of the child.

No Assumption of Stability Based on Marital Status

The Chief Justice emphasized that it was unjustifiable to assume that only a married heterosexual couple could offer stability to a child. He pointed out that there was no material on record to substantiate the claim that unmarried couples are not serious about their relationships or incapable of providing a stable and nurturing environment for a child.

This judgment by Chief Justice DY Chandrachud signifies a crucial step towards promoting inclusivity and recognizing the rights of non-heterosexual couples in various aspects of family life, including adoption.

VoM News Desk

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