Abstract
In Our Country India, community of LGBTQ which stands for Lesbian, Gay, Bisexual, Transgender, Queer is treated as a community of sexual minority, which faces a harsh backlash from society because of getting no proper recognition in law. And because of there no proper identity in legal terms and having less legal rights they are not able to enjoy parenthood which is one of the fundamental rights but they are fail to get their parental right with the process of surrogacy or adoption as well. The normal couple having heterosexuality having all the Right of adoption and surrogacy similarly LGBTQ get equal right of this so that they too enlarge their family by having children and enjoy their life too with them.
There are various laws in India which is related to adoption like Hindu Adoption and Maintenance Act and Juvenile Justice ( Care and Protection of children) Act but these laws are not applicable to LGBTQ community, the laws are only exercised by a couple of having opposite sexuality. These are based on gender having dual understanding, which breaches Fundamental Right mentioned under Article 14, 15 and 21 of our Indian Constitution. This paper go through some legal that framed adoption rights of LGBTQ community in India.The paper shall discuss the case of Navtej Singh Johar that legalise the relation between same sex couple succeeding judgements that enlarge the freedom of equality of the LGBTQ community.
Keywords: LGBTQ, adoption, homosexuality, heterosexuality.