THE LEGAL PATHWAY FOR TRANSGENDER MARRIAGE AND ADOPTION RIGHTS IN INDIA: A CONSTITUTIONAL AND COMPARATIVE ANALYSIS
AUTHOR – DHANUSH. C.K* & MR. AJAY KRISHNA**
* STUDENT AT VELS INSTITUTE OF SCIENCE, TECHNOLOGY & ADVANCED STUDIES (VISTAS)
** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)
BEST CITATION – DHANUSH. C.K & MR. AJAY KRISHNA, THE LEGAL PATHWAY FOR TRANSGENDER MARRIAGE AND ADOPTION RIGHTS IN INDIA: A CONSTITUTIONAL AND COMPARATIVE ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 510-517, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
The landmark judgment of the Supreme Court of India in National Legal Services Authority v Union of India (2014) constituted a paradigmatic shift in transgender rights jurisprudence by formally recognising gender identity as a fundamental right. Yet the transformative promise of NALSA remains conspicuously unfulfilled in the domains most central to personal life—marriage and adoption. This article undertakes a critical legal analysis of the pathways—existing, potential, and desirable—for the recognition of transgender marriage and adoption rights in India. It argues that the existing legal framework, interpreted through a constitutionally harmonious and rights-based lens, does permit such recognition, and that legislative reform is both necessary and constitutionally mandated. Drawing on the constitutional framework (Articles 14, 15, 19, and 21), personal law statutes, the Transgender Persons (Protection of Rights) Act 2019, the Juvenile Justice Act 2015, and comparative frameworks from South Africa, Argentina, the United Kingdom, Nepal, and Germany, the article identifies specific structural barriers and proposes a comprehensive agenda of legislative, administrative, and judicial reforms. The doctrine of ‘constitutionally harmonious interpretation’ is advanced as a judicial tool for protecting transgender family rights pending legislative action.
Keywords: Transgender rights, marriage law, adoption rights, NALSA, constitutionally harmonious interpretation, Transgender Persons Act 2019, Juvenile Justice Act 2015, comparative family law, gender identity, India