New Delhi: Chief Justice of India DY Chandrachud, who read out the Supreme Court verdict on same-sex marriage, said on Tuesday that unmarried couples, including queer couples, could jointly adopt a child.With a five-judge bench hearing the case on Tuesday, the CJI stated that the law could not assume that only heterosexual couples can be good parents as it would amount to discrimination against queer couples.
The 2015 Juvenile Justice (Care and Protection of Children) Act does not explicitly prohibit unmarried couples from adopting. The Union of India has failed to demonstrate that such a prohibition is in the child's best interests. Therefore, the Central Adoption Resource Authority (CARA) has overstepped its authority by restricting unmarried couples from adoption. It cannot be assumed that unmarried couples are less committed to their relationships. There is no concrete evidence to support the claim that only married heterosexual couples can provide stability to a child.“Law cannot make an assumption on good and bad parenting based on the sexual orientation of individuals,” the CJI said.