Can a transperson legally adopt in India and Will transition affect my marriage status?
Is my marriage valid after transitioning? Can I adopt kids after transitioning? By Sriraksha V Srivastav
Say, you were married but then you decide to transition, so is your heterosexual marriage still valid? Sriraksha V Srivastava is here with all the answers.
Am I still married?
After transitioning and changing your name and gender, you aren’t married. As soon as you apply for a TG Card and an official change in your name and gender happens, your marriage ceases to be.
Usually, people in these positions go for a divorce, stay friends and partners or they just move on with their lives without thinking of this past marriage.
Can I adopt a kid as a trans person?
India’s NALSA judgement gives Trans people the Right to Marry, the Right to Adopt, The Right to Property and the Right to Familial Inheritance.
But Personal Laws like the above are overlooked under religious laws and not based on gender. So say, the Hindu Personal Law in its Hindu Adoption Maintenance Act states that a Hindu man and a Hindu woman are entitled to adopt. This would mean that people with binary-gender TG Cards are eligible for adoption. But people with non-binary TG Cards are not. In fact, people with binary TG Cards are also the ones who have the Right to Marry.
Another Act that sees adoption is the Juvenile Justice Act which also similarly states that a single man or a single woman can adopt.
New Recommendations
There have been trials to have new recommendations in place so that it becomes easier for the LGBTQ+ community to adopt but they still are a long way to go.
