Transgender Parenthood and Legal Recognition: A Comparative Study of Rights in India, the UK, and the USA with Reference to Recent Indian Jurisprudence

Abstract

This study critically examines the legal recognition of transgender parenthood through a comparative lens, focusing on India, the United Kingdom, and the United States. In the Indian context, despite constitutional guarantees of equality[1] and the enactment of the Transgender Persons (Protection of Rights) Act, 2019[2], transgender individuals continue to face substantial legal and societal barriers in exercising their right to parenthood[3]. Key obstacles include restrictive adoption and surrogacy laws, limited access to assisted reproductive technologies[4], challenges in amending parental documents, and widespread social stigma. The research draws attention to the Kerala High Court's landmark decision in Ziya and Zahad[5], which signifies progressive judicial recognition of transgender families, while also revealing the systemic implementation gaps in Indian law. In contrast, the UK and the USA have developed more robust legal frameworks that, while not without shortcomings, offer greater procedural clarity and recognition of transgender parenthood. This comparative analysis underscores the need for India to adopt a more inclusive, rights-based approach, bridging the gap between legal recognition and lived realities for transgender parents.