When the Family is Not Biological: Redefining “Family” in Law

Abstract

The institution of the family in India has traditionally been demarcated by the rigid contours of consanguinity and marriage. However, the contemporary socio-legal landscape is witnessing a significant paradigm shift, necessitated by the emergence of diverse domestic arrangements that defy conventional definitions. Current study explores the evolving jurisprudence of the 'family' within Indian law, highlighting the transition from a formalist approach—relying strictly on biological and marital ties to a functionalist perspective that recognizes "atypical" manifestations of the family unit. Drawing on the Supreme Court of India's landmark observations regarding domestic, unmarried, and queer partnerships, the research explores the constitutional dimensions of familial recognition under Article 21. It further analyses the statutory distinction between "household" and "family," as elucidated in Indrapal Singh v State of U.P.; to demonstrate how administrative law often lags behind constitutional aspirations. By engaging with comparative legal theories on "de facto" parenthood and the rights of psychological parents, this study argues that the functional performance of care and interdependence must form the basis for legal recognition, ensuring that the protective canopy of social welfare and constitutional liberty extends to all genuine familial bonds," As explained in Indrapal Singh v. State of U.P., administrative law frequently does not keep up with constitutional goals. In engaging with comparative theories of law pertaining to "de facto" parenthood and the rights of psychological parents, this study argues for legal recognition based upon provided well care and mutual reliance of parties.