Adoption

The Adoption and Children Act 2002 came into force on 30 December 2005.

For the first time, unmarried couples, including same-sex couples, can apply for joint adoption. In the past, this has been limited to married couples or a single person, even though they may be cohabiting. Anyone wishing to adopt will need to be able to show that they are in an ‘enduring family relationship’.

The adoption process has also been simplified although it is still lengthy and very thorough, as full assessments need to be undertaken before it is referred to the Adoption Panel and/or the Court.

The other major change relates to parental responsibility, which is classed as all of the legal rights, duties and responsibilities that go with being a parent. The Act enables a step-parent (i.e. a civil partner) to acquire parental responsibility for a child of his/her civil partner by agreement between the step-parent and the parents who have parental responsibility for the child, or by order of the court.

A parental responsibility agreement can only be terminated by the court on application by any person with parental responsibility for the child or the child himself.

The introduction of The Equality Act (Sexual Orientation) Regulations make it unlawful to discriminate in the provision of goods, facilities and services on grounds of sexual orientation.

Catholic adoption agencies, comprising around a third of the voluntary sector,have said they will shut if forced to comply with new government legislation requiring them to enlist same-sex couples as potential adoptive parents. On 29 January 2007, the Prime Minister announced that there would be no exemptions for religious adoption agencies although MP Ruth Kelly allowed them some extra time to comply.

Adoption agencies are exempt from the regulations until December 2008