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Transgender People & Adoption Rights: What the Law Says & Why It Needs To Change

Where exactly does the law stand when it comes to adoptions by trans persons?

Published
Gender
5 min read
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It was a petition by Mumbai-based transgender activist Gauri Sawant – better known for being featured in a 2017 Vicks ad – and others that led to the historic NALSA judgment of 2014, in which the Supreme Court recognised trans people as a 'third gender'.

The same Gauri Sawant had moved the Supreme Court in 2014, seeking adoption rights for trans people in India – something that has remained elusive for the community since time immemorial.

Eight years down the line, the trans community's fight for adoption rights lives on. This time, it is taken on by Prithika Yashini – who is the first transwoman sub-inspector in the Tamil Nadu police force.

Yashini, who currently works as an assistant immigration officer, approached the Madras High Court recently, challenging the Central Adoption Resources Authority's (CARA) decision to reject her adoption application, allegedly on the grounds that she is a trans woman.

Where exactly does the law stand when it comes to adoption by trans persons? Will Yashini's case bring about change? Before we dive into these questions, let's take a deeper look at the ongoing case.

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