Child Adopted By Same-Sex Couple Need Not Be A Homosexual : CJI DY Chandrachud

While hearing petitions seeking legal recognition for same-sex marriage, Chief Justice of India DY Chandrachud dispelled the assumption that a child adopted by a same-sex couple will necessarily be a homosexual.

CJI made this observation in response to the statement made by the Solicitor General of India that it is for the Parliament to consider giving legal rights for same-sex couple as it has to examine what will be the "the psychology of a child who has seen either two men as parents or two women as parents and has not been reared by a father and a mother".

Opposing the petitions, Solicitor General of India Tushar Mehta, appearing for the Union of India, submitted that grant of recognition of same-sex marriage fell within the legislative domain for various reasons. To elaborate further on his submission, he gave an example of adoption. He said–

"When the question of granting recognition to a relationship is concerned, that is a function of the legislature. That is for more than one reasons. For example, the moment the grant of marriage is recognised between two persons of the same sex, the question will be that of adoption. When the question of adoption comes, the Parliament will have to examine. The Parliament will have to reflect upon the will of the people. The Parliament will have to examine what would be the position of the psychology of a child who has seen either two men as parents or two women as parents and has not been reared by a father and a mother. These are the issues. The Parliament will have to debate and think upon whether in view of the societal ethos and the several other factors which go into lawmaking, whether we would like this institution to be recognised."

To this, CJI DY Chandrachud remarked–

"Mr Solicitor, the adopted child of a lesbian couple or of a gay couple does not necessarily have to be lesbian only. The child may or may not be..."

After the brief hearing, the bench referred the petitions to a Constitution Bench for hearing on April 18.

The batch of petitions challenge the provisions of the Hindu Marriage Act, Foreign Marriage Act and Special Marriage Act to the extent they do not recognize same-sex marriages. In January, a bench led by CJI DY Chandrachud had transferred to the Supreme Court the petitions pending in High Courts on this issue.

Case Title: Supriyo v. UoI WP(C) No. 1011/2022 PIL