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Updated April 17th, 2023 at 12:32 IST

Same-sex couple adoption will endanger children: NCPCR opposes gay marriage plea in SC

"Allowing adoption to a same-sex couple is akin to endangering the children," the NCPCR filed a petition before the SC regarding the same-sex marriage plea.

Reported by: Ajay Sharma
same-sex marriage
Image: Unsplash/Representative | Image:self
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The National Commission for Protection of Child Rights (NCPCR) on Monday filed an application before the Supreme Court opposing the same-sex marriage petitions, stating that the adoption of children by a same-sex couple would affect the child in "social and psychological aspects".

In its petition, the NCPCR stated the United Nation Convention on the Rights of the Child entered into force in September 1990 and has been ratified by 195 countries, making it the most "widely ratified human rights treaty" in the world. "However, there is no mention in UNCRC that a child can be adopted by a same-sex couple," the Child Rights body said.

Adding further it stated that the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (or Hague Adoption Convention) also does not talk about the adoption by same-sex couples and "therefore, it can be inferred that it does not recognise any such adoption".

NCPCR raises concern over adoption of child by same-sex couple

The NCPCR cited the Central Adoption Resource Authority Guidelines 2017 (CARA Guidelines, 2017) where it is prohibited that a single man may adopt a female child under any scenario. "It leads on to say that to allow a gay couple to adopt a female child would be against the scheme of the Juvenile Justice (Care and Protection of Children) Act, 2015," it added.

"While making an adoption, the health, safety and education of the child is of paramount importance. When it comes to the adoption by a couple of same-sex there are relevant studies to show that the child is affected in both social and psychological aspects," the petition read.

Children raised by same-sex parents may have limited exposure to traditional gender role models: NCPCR 

The Child Rights body opined that children raised by same-sex parents may have limited exposure to traditional gender role models, which could impact their understanding of gender roles and gender identity. The exposure of these children would be limited and their overall personality growth would be affected, it added.

"Allowing adoption to a same-sex couple is akin to endangering the children. Moreover, in the current batch of matters before this Hon'ble Court where first the validity of same-sex marriage needs to be considered, to bring up children and their adoption by same-sex couples is premature," the petition read.

"First a proper legislative system needs to be adopted regarding same-sex couples and then bringing children into the equation would be beneficial for both children as well as members of the same-sex couple," it added.

Notably, on April 18, the Supreme Court's constitutional bench led by CJI DY Chandrachud will begin hearing the bunch of pleas filed seeking legal recognition for same-sex marriage in the country.

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Published April 17th, 2023 at 12:08 IST

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