Part 2Civil partnership: England and Wales

Chapter 5Children

79Adoption

1

Amend the Adoption and Children Act 2002 (c. 38) as follows.

2

In section 21 (placement orders), in subsection (4)(c), after “child marries” insert “ , forms a civil partnership ”.

3

In section 47 (conditions for making adoption orders), after subsection (8) insert—

8A

An adoption order may not be made in relation to a person who is or has been a civil partner.

4

In section 51 (adoption by one person), in subsection (1), after “is not married” insert “ or a civil partner ”.

5

After section 51(3) insert—

3A

An adoption order may be made on the application of one person who has attained the age of 21 years and is a civil partner if the court is satisfied that—

a

the person’s civil partner cannot be found,

b

the civil partners have separated and are living apart, and the separation is likely to be permanent, or

c

the person’s civil partner is by reason of ill-health, whether physical or mental, incapable of making an application for an adoption order.

6

In section 64 (other provision to be made by regulations), in subsection (5) for “or marriage” substitute “ , marriage or civil partnership ”.

7

In section 74(1) (enactments for whose purposes section 67 does not apply), for paragraph (a) substitute—

a

section 1 of and Schedule 1 to the Marriage Act 1949 or Schedule 1 to the Civil Partnership Act 2004 (prohibited degrees of kindred and affinity),

8

In section 79 (connections between the register and birth records), in subsection (7)—

a

in paragraph (b), after “intends to be married” insert “ or form a civil partnership ”, and

b

for “the person whom the applicant intends to marry” substitute “ the intended spouse or civil partner ”.

9

In section 81 (Adoption Contact Register: supplementary), in subsection (2) for “or marriage” substitute “ , marriage or civil partnership ”.

10

In section 98 (pre-commencement adoptions: information), in subsection (7), in the definition of “relative” for “or marriage” substitute “ , marriage or civil partnership ”.

11

In section 144 (interpretation), in the definition of “relative” in subsection (1), after “by marriage” insert “ or civil partnership ”.

12

In section 144(4) (meaning of “couple”), after paragraph (a) insert—

aa

two people who are civil partners of each other, or