Abstract
Parenthood (the legal connection to one’s child) is often assumed to be a biologically determined and natural status, but in reality, it is a legal and social construct shaped by historical, cultural, and political contexts. This paper critically examines the legal framework of parenthood in India, highlighting how it privileges a bionormative, dyadic, heterosexual parental unit, while marginalising LGBTQ+ individuals, unmarried couples, and alternative family structures. Through a critical queer method, the paper deconstructs the bio-essentialist juxtaposition of gender, conjugality, and reproduction that underpins Indian family law. It explores how the legal framework selectively acknowledges the constructed nature of parenthood in cases of adoption and surrogacy while simultaneously reinforcing patriarchal and heteronormative norms. By shifting the focus from biological determinism to caregiving and child welfare, this paper argues for a gender-neutral, inclusive legal framework that recognises diverse parental identities and relationship structures. It calls for a reimagination of parenthood that moves beyond rigid gender binaries and prioritises the best interests of the child over outdated normative ideals.
Recommended Citation
Balaji, Jwalika
(2026)
"DECONSTRUCTING PARENTHOOD: A CRITICAL QUEER ANALYSIS OF GENDER, LAW, AND BIONORMATIVITY IN INDIA,"
National Law School of India Review: Vol. 37:
Iss.
1, Article 4.
DOI: 10.55496/TFUH9000
Available at:
https://repository.nls.ac.in/nlsir/vol37/iss1/4
Digital Object Identifier (DOI)
10.55496/TFUH9000
