Yesterday, the Apex Court, during the hearing on same-sex marriage said, Indian laws permit an individual to adopt a child irrespective of marital status, while asserting that the law recognises there may be situations apart from an "ideal family" having its own biological children.

In its submission to the apex court, which is hearing pleas seeking legal validation for same-sex marriages, child rights body NCPCR argued that the concept of gender may be “fluid” but not mother and motherhood.

Highlighting the legal position in different statutes that the welfare of a child is paramount, the National Commission for Protection of Child Rights (NCPCR) told a five-judge Constitution bench headed by Chief Justice DY Chandrachud that it has been held in several judgements that the adoption of a child is not a fundamental right.

“Entire architecture of our laws is to protect the interest and the welfare of children who are naturally born to heterosexual persons and the state is justified in treating heterosexuals and homosexuals differently,” Additional Solicitor General Aishwaraya Bhati, appearing for NCPCR and others, told the bench.

She said the welfare of children is paramount.

The bench, also comprising Justices SK Kaul, SR Bhat, Hima Kohli and PS Narasimha, added that there is no issue with the proposition that the welfare of a child is paramount.

The CJI observed that our laws do recognise that you can adopt for a variety of reasons.