The Supreme Court of India has agreed to urgently hear a pivotal case challenging the exclusion of same-sex couples from adoption rights. This ruling could reshape India’s family law and LGBTQIA+ rights landscape.

Supreme Court of India to Hear Petition on Same-Sex Adoption Rights

In a significant move, the Supreme Court of India has agreed to urgently hear a new petition that challenges the denial of adoption rights to same-sex married couples. The petition calls into question the constitutional validity of India’s current family law framework, which excludes same-sex couples from legally adopting children.

Petition Challenges Unequal Adoption Rights for LGBTQIA+ Couples

Filed by a coalition of LGBTQIA+ rights activists and couples, the petition argues that despite the Court’s 2023 verdict recognizing civil unions for same-sex partners, the lack of adoption rights violates key constitutional protections—namely Article 14 (Right to Equality), Article 15 (Prohibition of Discrimination), and Article 21 (Right to Life and Personal Liberty).

Chief Justice D.Y. Chandrachud Highlights Constitutional Morality

The bench, led by Chief Justice D.Y. Chandrachud, acknowledged the seriousness of the matter, calling it one that involves “important questions of constitutional morality and equal protection of law.” The court has scheduled a detailed hearing for mid-July 2025.

Ongoing Discrimination Despite Recognition of Same-Sex Unions

Petitioners emphasize that although they can now register as civil partners, they still face systemic discrimination when attempting to adopt from government-run or private agencies. This disparity undermines the spirit of the Court’s previous landmark rulings, including the Navtej Singh Johar (2018) case, which decriminalized homosexuality, and the Supriyo Chakraborty (2023) case, which recognized same-sex civil unions.

Centre Cites Traditional Family Values in Opposition

In its preliminary affidavit, the Indian government referenced the Juvenile Justice Act and the Hindu Adoption and Maintenance Act, stating that these laws are based on “traditional family structures” that do not account for same-sex parenting.

Potential Landmark in India’s LGBTQIA+ Civil Rights Journey

If the Court rules in favor of the petitioners, it could significantly reshape India’s family law system and set a progressive precedent for the adoption rights of same-sex couples. This hearing could mark a historic milestone in the long-standing fight for equal civil rights for LGBTQIA+ individuals across the country.