Adoption by gay couples in India

Context: Recently the National Commission for Protection of Child Rights (NCPCR) filed an intervention application in the Supreme Court in the matter of Amburi Roy vs Union of India, opposing adoption by gay couples.

The petition that the commission has opposed is seeking declaration of unconstitutionality of Section 5(2) and 5(3) of the Adoption Regulations, 2022.

Section 5 of adoption regulations deals with eligibility criteria for prospective adoptive parents, their physical, emotional, mental and financial capability as well as criminal records or records of abuse.

  • Section 5(2) A says a child can be adopted only if “there is consent of both the spouses for the adoption in case of a married couple”. The regulation goes on to say that a single woman can adopt a child of any gender, but “a single male shall not be eligible to adopt a girl child”.
  • Section 5(3) says that no child shall be given in adoption to a couple unless they have at least two years of stable marital relationship, except in the case of relatives or step-parent adoption.


  • Central Adoption Resource Authority (CARA) is a statutory body of Ministry of Women & Child Development. 
  • CARA attained the status of a Statutory Body in 2016 under JJ Act, 2015.
  • It functions as the nodal body for adoption of Indian children and is mandated to monitor and regulate in-country and inter-country adoptions in accordance with the provisions of the Hague Convention on Inter-country Adoption, 1993, ratified by Government of India in 2003.
  • CARA is also mandated to frame regulations on adoption-related matters from time to time as per Section 68 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
  • In 2018, CARA has allowed individuals in a live-in relationship to adopt children from and within India.

Benefits of adoption

  • Adoption can provide a child with the critical resource needed for a healthy and stable living
  • Allows mother to continue pursuing their goals without putting their education or career on hold.
  • Relieves the financial and emotional stress of unplanned pregnancy and single parenting
  • Gives an opportunity to help hopeful parents who would not be able to have a child otherwise


  • National Commission for Protection of Child Rights (NCPCR) is a statutory body under the Commissions for Protection of Child Rights (CPCR) Act, 2005
  • The Commission works under the aegis of Ministry of Women and Child Development, GOI
  • The body is mandated to ensure that all Laws, Policies, Programmes, and Administrative Mechanisms are in consonance with the Child Rights perspective as enshrined in the Constitution of India and the UN Convention on the Rights of the Child

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