The Constitution Bench, which delivered a majority judgment in the same-sex marriage case on October 17, was divided in its opinions on whether unmarried couples, including same-sex partners, can jointly adopt children.
Chief Justice D.Y. Chandrachud held that Regulation 5(3) of the Adoption Regulations, which bars unmarried partners from being prospective adoptive parents, was ultra vires the Juvenile Justice Act and violative of the fundamental rights of queer couples.
“These regulations only permit persons to adopt in an individual capacity and not jointly as an unmarried couple,” Chief Justice Chandrachud observed.
