How Does Will Protect The Interests of Same-Sex Couples?
14 Jan, 2022 . 3 min read

How Does Will Protect The Interests of Same-Sex Couples?

Marie and Pakhi are in same-sex relationship since 8 years and have raised 2 children, Riya and Harsh. On papers, legally, each of them has adopted one child because same-sex partners have not been given any adoption rights. Everytime when they fill any form for their children, they have to fill in each other’s name as a friend or a guardian but not as parent. People belonging to the LGBTQ+ community have been kept untouched of several rights which directly affect their succession rights.

Rights which same-sex partners don’t have in India:

1. Marital Rights:

Same-sex marriage has not been made legal in India. Decriminalization of Section 377 of IPC has only allowed them of their privacy yet their relationship stands no legal status.

2. Adoption and Surrogacy Rights:

Individually, a person can adopt or surrogate a child but same-sex partners as parents can not. This parental right is only given to heterosexual couples.

A question that generally strikes in mind is that how does this all matter, even if one person can opt for having a child, his/her partner will eventually raise that child as well, after all it is love that matters, isn’t it?

Yes, it is the love that matters but in long run, you want the financial security for your children too. Many people who are in same-sex relationship don’t realise that they have not been granted any Succession Rights against their partner and children.

How does succession law works in case of same-sex couples?

Let’s understand this with the above case study:

  1. Legally Marie is mother of one child, Riya and Pakhi is mother of another child, Harsh. Suppose, Marie dies due to any reason, only Riya will be eligible to have share in Marie’s property and not Harsh.
  2. Moreover, even Pakhi, her partner will have no right of inheritance in Marie’s property as they are not married and even their marriage is not legal in the eyes of law.
  3. When it comes to inheritance in one’s property, no legal heir will drop their claim. This has been seen so far and the reason behind this is that at present, 62% Indians and especially parents in India don’t accept the same-sex relationship of their children. 

What Can Same-Sex Partners Do to Secure Their Partner and Children’s Rights?

On papers, Marie and Pakhi are mothers to Riya and Harsh, respectively but they love both the children equally and even wants to secure the future of both the children financially. They have been denied of some very basic rights but here is how they can secure the future of their partner and children. By writing a Will.

How can writing a Will help them?

A person in same-sex relationship can write a Will and make anybody a beneficiary even though they don’t have any marital and family planning rights under the law. If Marie writes a Will, she can make Pakhi, Riya and Harsh, all three of them the beneficiaries and back them financially even when she will be no longer around. Law of Wills does not discriminate and provides solutions to all your worries regarding who should get your property, after your death.

You can write a Will online with which is legally vetted, valid, easy and affordable. AasaanWill. Zaroori Hai!

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