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NCPCR opposes 'same-sex adoption' in SC's marriage equality petitions

  • The NCPCR has filed an intervention application in the Supreme Court's marriage equality petitions, expressing concerns about adoption of children by same-sex couples

  • The NCPCR argued that allowing adoption by same-sex couples would be akin to endangering the children

  • In contrast, the Delhi Commission for the Protection of Child Rights supported the marriage equality petitions and the adoption rights of same-sex couples

18 Apr 2023

NCPCR opposes 'same-sex adoption' in SC's marriage equality petitions

The National Commission for Protection of Child Rights (NCPCR) has filed an intervention application in the Supreme Court's marriage equality petitions, expressing concerns about adoption of children by same-sex couples.

The statutory body argued that statutes such as Hindu Marriage Act and the Juvenile Justice Act do not recognize adoption by same-sex couples.

Referring to provisions that prohibit a single man from adopting a female child, the NCPCR stated that "allowing a gay couple to adopt a female child would be against the scheme of the Juvenile Justice Act 2015". The body further claimed that allowing adoption by same-sex couples would be akin to endangering the children.

The NCPCR cited studies that reportedly show that children raised by heterosexual couples are more emotionally stable than those raised by same-sex couples.

The body also expressed concern that children raised by same-sex parents may have limited exposure to traditional gender roles, which could impact their overall personality growth and understanding of gender identity.

The NCPCR further raised apprehensions that legalizing same-sex marriages could have repercussions on Section 57 of the Juvenile Justice Act, which deals with the eligibility of Prospective Adoptive Parents.

On the other hand, the Delhi Commission for the Protection of Child Rights has intervened in the matter, supporting the marriage equality petitions and the adoption rights of same-sex couples.

The commission cited multiple studies on same-sex parenting that have demonstrated that same-sex couples can be good parents, in the same manner that heterosexual parents can be good parents.

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