Supreme Court of India has declined to legalize same-sex marriage and doesn’t allow them for kids adoption


So basically Same-sex couples can do everything as long as there is love intact between them. The moment love is lost, there is no remedy. Phir apna apna dekh lo. Including the adopted kid.

X Link | Archive Link



The viral post shared by the user has received 324.3K views, 5860 likes, and around 390 reposts till now while writing this article. The user claims that ‘same-sex couples could do everything till their love is intact and once it’s lost, there is no remedy. They will go on their own way, including the adopted kid.’ These similar claims are shared by many other social media users and can be viewed here, here, and here. Come, let’s check the authenticity of this viral claim.

What’s the truth?

When we started our research regarding this viral claim we went through all the updates from the recent Supreme Court verdicts about same-sex marriage and their right to adoption of kids.

After reading the whole judgement documents and Live Law articles it’s very clear that the Supreme Court has denied the rights for both same-sex marriage and their right to kids adoption.

 This clarifies everything and proves that the viral claim is completely false and untrue.

On 18 October 2023, the Supreme Court of India comprising a five-judge bench with the Chief Justice of India DY Chandrachud (CJI), and other Justices Sanjay Kishan Kaul, Hima Kohli, PS Narasimha, and S Ravindra Bhat, unanimously agreed that same-sex couples did not have a right to marriage, as there is “no fundamental right to marriage.” Also regarding their right to adoption, the court supported the Central Adoption Resource Authority (CARA) regulations, which don’t allow same-sex couples to adopt kids.

Highlights from the verdict:

• Same sex couples do not have a ‘right to marry’ (“The answer must be an emphatic no,” Justice Kaul said).

• Transgender persons have a right to marry under the current framework.

• Same-sex couples have a right to choose their partners and cohabit with one another.

Majority vs. minority opinions

• Queer couples do not have the right to adopt (3:2)

• Couples do not enjoy a right to a civil union (3:2)

Also we got another article from Live Law which details the court bench agreement and disagreement in detail. According to the report, regarding the right to adoption, it clearly states that, “In a 3:2 decision, the Supreme Court denied queer couples the right to adopt children. CJI DY Chandrachud and Justice SK Kaul were in the minority, whereas Justice Bhat, Justice Kohli, and Justice Narasimha were in the majority.”

This again proves the viral claim stating that same-sex couples can adopt children is totally false. Moreover, Live Law has also clarified the rumors with an X post regarding the same issue.

Thus, all the above evidence solidly proves that the Supreme Court of India has denied the same-sex marriage and also their right to adopt kids. So, the sensational claims stating that the same-sex couples are allowed to adopt children is untrue.


Therefore, we conclude with the available evidence that, the viral claims are false. The Supreme Court has not allowed the queer couples to adopt children.

Please complete the required fields.

Back to top button