Adoption

Gay couples have been adopting children for many years but, until the Adoption & Children Act 2002, they could not do this jointly. Only one partner could be the legal parent, the other having to apply for a joint residence order with the legal parent to gain parental responsibility for the child. When the legislation was going through Parliament it was forcefully argued that children deserved a legal parental relationship with both his or her parents regardless of their parents’ relationship. From the end of 2005 couples can apply to adopt a child jointly. There is no right to adopt a child but individuals and couples can expect to be assessed for their suitability fairly and equally. The fact that a couple have entered into a civil partnership should be taken to demonstrate the same degree of commitment to each other as marriage does for heterosexual couples.

If a couple are not in a civil partnership, the assessment agencies will consider the quality of the relationship between the couple. Attitudes are changing and many adoption agencies now positively welcome gay adopters. It is also possible in certain circumstances for the non biological parent to adopt any children born to their civil partner.

If you are considering adopting from abroad, there will be important immigration issues to consider. Bindmans can offer advice on this – for more information click here.

Bindmans family department can offer specialist advice from leading experts on all aspects of gay parenting.

For further information, contact  Katherine Gieve or Liz Dronfield. 

Civil Partnership 
Adoption 
Donor insemination 
Children of a previous relationship 
Arrangements for children following relationship breakdown