The Child and Family Relationships Act 2015 new rights for civil partners and cohabitants - amendments to the Adoption Act 2010. Couples who are civil partners and cohabiting couples are eligible to adopt jointly on commencement of Part II of the Child and Family Relationships Act. The amendments also provide for a second female parent or a guardian (as defined in this part) to be added to the categories of persons entitled to be heard in relation to an application for an adoption order.  

New definitions & interpretation

The new definitions inserted into the 2010 Act by section 3 of the new act act as a precursor to the changes made to the Adoption Act 2010.

the definitions of civil partner and cohabitant are as defined in the Civil Partnership and Certain Rights and  Obligations of Cohabitants Act 2010.

A new class of ‘cohabiting couple’ is created which

‘means 2 adults who are cohabitants of each other and who have been living together as cohabitants for a continuous period of not less than 3 years.’

‘donor-conceived child’ has the same meaning as it has in Part 2 of the Act of 2015
‘father’, in relation to a child, includes a man who is, under section 5 of the Act of 2015, a parent of the child where that child is a donor-conceived child;
‘second female parent’, in relation to a child, means a woman (other than the mother) who is, under section 5 of the Act of 2015, a parent of the child where that child is a donor-conceived child’
‘second female parent’, in relation to a child, includes a woman who believes herself to be the second female parent of the child [this definition is inserted into section 11 of the Adoption Act (which deals with interpretation of the part dealing with placement for adoption) by section 104 of the new act. ]
“guardian”, is redefined in the 2010 Adoption Act by the substitution of the following definition for paragraph (a):

“(a) is a guardian of the child pursuant to the Guardianship of  Infants Act 1964 other than a guardian appointed—

under section 6C of that Act where subsection (9) of that section applies to that appointment but the court has not made an order that that person enjoys the rights and responsibilities  specified in subsection (11)(f) of that section, or
under section 6E of that Act or”,

 

the remainder of the definition of guardian remains the same namely is a court appointed guardian or appointed by deed or will and has not been removed from office.

 

The following definition is substituted for the definition of “parent”:

‘parent’, in relation to a child, means the mother, father or second female parent of the child’

The definition of ‘relative’ is amended by the substitution of “relationship to the child being traced through a parent of that child” for “relationship to the child being traced through the mother or the father”.

 

Consultation and tracing to include the second female parent

 

The change in the definition of parent and amendments in section 103 to section 4 of the Adoption Act has the effect of including the second female parent and father as defined in the following:

 

The tracing of adopted persons by ‘parents’ and other relatives and also by assisting adopted persons to trace their second female parent and father of a donor assisted child. Amendment to Section 4 of the Adoption Act

 

 To notify the Adoption Authority of their wish to be consulted in relation to a proposal to place the child for adoption by an accredited body or an application by the mother or a relative of the child or an adoption order in respect of the child. The accredited body must consult the second female partner and father prior to the adoption and where either the father or the second female parent objects notify them that the placement is deferred for at least 21 days in order to permit them to apply for guardianship to court pursuant to section 6A or 11(4) of the 1964 Act. Amendment to Section 16 and 17 of the Adoption Act.

 

Section 18 of the Adoption Act which deals with procedures where the father is not consulted prior to the adoption and the second female parent is now included on the same basis as the father. Section 30 of the Adoption Act is similarly amended which deals with consultation with the father on receipt by the Adoption Authority of an application for an adoption order.

 

Section 43 has been amended by section 120 to permit the second female parent to be heard on an application for an adoption order

 

A new section 18A is inserted into the Adoption Act by section 109 of the new act which makes it clear that no pre placement consultation is required where a donor-conceived child has no legal parent other than his or her birth mother.

 

 

 

Adoption Authority can now include couples who are civil partners or cohabiting couples when making adoption orders or recognising inter-country adoptions 

 

Section 20 of the Adoption Act has been amended by section 110 to enable the Adoption Authority to make an adoption order or to recognise an inter country adoption in respect not just of a married couple but also in respect of a civil partnership or cohabiting couples, provided they, like a married couple meet all the usual eligibility criteria. 

 

Section 33 of the Adoption Act is amended by section 114 to enable a civil partnership or a cohabiting couple to be eligible jointly for an adoption order or for recognition of their inter-country adoption.  

 

Section 34 is similarly amended except instead of being eligible they now can be deemed ‘suitable’ jointly. They may also apply jointly and be granted jointly for a declaration of eligibility and suitability as section 116 amends section 37 re: application and section 117 amends section 38 re: granting the declaration.  

 

Civil partnership couples and cohabiting couples  may now apply as prospective adopters for declaration of eligibility and suitability to the HSE as section 37 of the Adoption Act is amended. The Authority may now issue pursuant to section 40 the same declaration of eligibility and suitability to civil partnership couples and cohabiting couples as it could to married couples and the same expiry period for the declaration applies pursuant to the amended section 41.  

 

Rights of civil partnership couples and cohabiting couples re: their adopted child

 

The rights of civil partnership couples and cohabiting couples in respect of their adopted child is now the same as those of a married couple in the same position, pursuant to the amended section 58 of the Adoption Act.

 

A second female parent who places the child for adoption shall (like the father and the mother or the guardian in the same situation), on the making of an adoption order in respect of the child lose all parental rights and duties.

 

Property rights and stamp duty

 

The provisions regarding the treatment of adopted children re: property rights and stamp duty on conveyances or transfers of land for an adopted child are extended to include civil partnerships couples and cohabiting couples as the case may be–section 60 and 61 of the Adoption Act as amended by section 123 and 124.

 

There are a number of other technical amendments which have the effect of ensuring that a child may be adopted jointly by a civil partnership couple or a cohabiting couple.

                                                                                                                                   

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