Same-Sex Marriage/Marriage Equality- Supreme Court Hearing- LIVE UPDATES - DAY-9

CJI DY Chandrachud: But the existence of a live in relationship doesn't prohibit one of the parties to adopt a child individually.

Justice Bhat: So one person is responsible. That stability is what you want.

ASG Bhati: Live in relationship is also not recognised.

CJI DY Chandrachud: So live in couple can also not adopt as a couple?

ASG Bhati: Yes because they can walk out anytime.

Justice Bhat: You're saying that since there is no marriage, that stability would be affected.

ASG Bhati: I bow down.

Justice Bhat: Even in case of disruption- let's say divorce takes place, even then the relationship of an adoptive child continues.

ASG Bhati: Heterosexual couple also has to show two years of stable marriage to adopt.

Justice Kohli: And if they're a single parent?

ASG Bhati: There are different considerations- age, gender

Justice Kohli: So if a person adopts, will they have to undertake that for the rest of the life they won't be in a live in relationship?

ASG Bhati: No, no there is no undertaking.

ASG Bhati: There is provision for disruption and dissolution in adoption also.

Justice Kohli: And then let's say a person per se says that they're not in a live in relationship and subsequently does get into a live in relationship. Then what happens? Will the child be taken back?

CJI DY Chandrachud: My question is if people are in a live in relationship, is the right of an individual to adopt taken away by virtue of the fact that they're in a live in relationship?;

CJI DY Chandrachud: But would the right of one of them be taken away because he/she is in a live in relationship?

ASG Bhati: One of them can adopt but the only recognised couple is a heterosexual married couple.