John M. Becker

India Moves to Block Same-Sex Couples from Adopting

Filed By John M. Becker | August 11, 2014 2:00 PM | comments

Filed in: Politics
Tags: adoption, adoption ban, gay adoption, India, India Supreme Court, same-sex adoption, sodomy law

india_map.gifIn the latest government-sanctioned attack on LGBT people, India's cabinet has blocked same-sex couples from adopting children, Live Mint reports:

The cabinet took the decision on Wednesday while considering amendments to the Juvenile Justice (Care and Protection of Children) Act, 2000, a government official said. However, the draft Bill, which also covers rehabilitation and adoption of children, does not mention disallowing same-sex couples from adopting.

The current law allows unmarried men and women above the age of 30 to adopt. Single LGBT Indians are not specifically barred from adopting, but whether the cabinet decision will change this will become clear whenever the Bill is tabled in Parliament.

The Central Adoption Resource Authority (CARA) guidelines prevent foreigners in same-sex relationships from adopting children in India. CARA is a statutory body of the ministry of women and child development that regulates adoption of children by foreigners and Indian residents through inter-country and in-country adoption regulations, respectively. Many Indian LGBT persons in same-sex relationships have adopted children as single parents, but their partners have no legal rights over the child.

Less than one year ago, India's Supreme Court reinstated a colonial-era sodomy law that punishes gay sex with up to ten years in prison.

The country is hope to an estimated 14%-17% of the world's LGB population.


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