Same-sex adoption in the United Kingdom

Last updated

Same-sex couples in the United Kingdom (not including Scotland) have had the right to adopt since 2002, following the Adoption and Children Act 2002.

Contents

Legalisation

In the Adoption and Children Act 2002, Parliament provided that an application to adopt a child in England and Wales could be made by either a single person or a couple. The previous condition that the couple be married was dropped, thus allowing a same-sex couple to apply. The Lords rejected the proposal on one occasion before it was passed. Supporters of the move in Parliament stressed that adoption was not a "gay right", but one of providing as many children as possible with a stable family environment, rather than seeing them kept in care. Opponents raised doubts over the stability of relationships outside marriage, and how instability would impact on the welfare of adopted children. Similar legislation was adopted in Scotland, which came into effect on 28 September 2009. [1] [2]

Disputes

The introduction of the Equality Act (Sexual Orientation) Regulations on 30 April 2007 was controversial and a dispute arose between the Government and the Roman Catholic Church in England and Wales over exemptions for Catholic adoption agencies. [3] Archbishop Vincent Nichols of Birmingham declared his opposition to the legislation, saying that it contradicted the Catholic Church's "moral values". He supported efforts to have Catholic adoption agencies exempted from sexual orientation regulations, which were ultimately successful in a judgement given on 17 March 2010. [4]

Statistics

In 2016, 9.6% of all adoptions in England involved same-sex couples. This was an increase from 8.4% the previous year. [5] In 2018, about 450 of the 3,820 adoptions (about 12%) in England involved same-sex couples.

Related Research Articles

This is a list of notable events in the history of LGBT rights that took place in the year 2003.

Same-sex adoption is the adoption of children by same-sex couples. It may take the form of a joint adoption by the couple, or of the adoption by one partner of the other's biological child.

Civil partnership in the United Kingdom is a form of civil union between couples open to both same-sex couples and opposite-sex couples. It was introduced via the Civil Partnership Act 2004 by the Labour government. The Act initially permitted only same-sex couples to form civil partnerships, but the law was expanded to include opposite-sex couples in 2019.

The right to freedom of religion in the United Kingdom is provided for in all three constituent legal systems, by devolved, national, European, and international law and treaty. Four constituent nations compose the United Kingdom, resulting in an inconsistent religious character, and there is no state church for the whole kingdom.

<span class="mw-page-title-main">LGBTQ rights in the United Kingdom</span>

The rights of lesbian, gay, bisexual, and transgender (LGBTQ) people in the United Kingdom of Great Britain and Northern Ireland have developed significantly over time. Today, lesbian, gay and bisexual rights are considered to be advanced by international standards.

<span class="mw-page-title-main">Legal status of same-sex marriage</span>

The legal status of same-sex marriage has changed in recent years in numerous jurisdictions around the world. The current trends and consensus of political authorities and religions throughout the world are summarized in this article.

<span class="mw-page-title-main">LGBT rights in Malta</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Malta rank among the highest in the world. Throughout the late 20th and early 21st centuries, the rights of the LGBTQ community received more awareness and same-sex sexual activity was legalized on 29 January 1973. The prohibition was already dormant by the 1890s.

<span class="mw-page-title-main">LGBT rights in the Isle of Man</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in the British Crown dependency of the Isle of Man have evolved substantially since the early 2000s. Private and consensual acts of male homosexuality on the island were decriminalised in 1992. LGBTQ rights have been extended and recognised in law since then, such as an equal age of consent (2006), employment protection from discrimination (2006), gender identity recognition (2009), the right to enter into a civil partnership (2011), the right to adopt children (2011) and the right to enter into a civil marriage (2016).

<span class="mw-page-title-main">Equality Act (Sexual Orientation) Regulations 2007</span> United Kingdom legislation

The Equality Act Regulations 2007 was secondary legislation in the United Kingdom, outlawing discrimination in the provision of goods, facilities, services, education and public functions on the grounds of sexual orientation.

<span class="mw-page-title-main">LGBT rights in Gibraltar</span>

Lesbian, gay, bisexual and transgender (LGBT) rights have evolved significantly in the past decades in the British Overseas Territory of Gibraltar. Same-sex sexual activity has been legal since 1993 and the age of consent was equalised to 16 in 2012. The Supreme Court of Gibraltar ruled in April 2013 that same-sex couples have the right to adopt. Civil partnerships have been available to both same-sex and opposite-sex couples since March 2014, and in October 2016, Gibraltar voted to legalise same-sex marriage with the Civil Marriage Amendment Act 2016 passing unanimously in Parliament. The law received royal assent on 1 November and took effect on 15 December 2016.

<span class="mw-page-title-main">LGBT rights in Scotland</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Scotland are generally in line with the rest of the United Kingdom, which have evolved extensively over time and are now regarded as some of the most progressive in Europe. In both 2015 and 2016, Scotland was recognised as the "best country in Europe for LGBTI legal equality".

Adoption in Australia deals with the adoption process in the various parts of Australia, whereby a person assumes or acquires the permanent, legal status of parenthood in relation to a child under the age of 18 in place of the child's birth or biological parents. Australia classifies adoptions as local adoptions, and intercountry adoptions. Known child adoptions are a form of local adoptions.

<span class="mw-page-title-main">LGBT rights in New South Wales</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in the Australian state of New South Wales have most of the same rights and responsibilities as non-LGBT people.

<span class="mw-page-title-main">LGBTQ history in Australia</span>

This article details the history of the LGBTQ rights movement in Australia, from the colonial era to the present day.

Law in Australia with regard to children is often based on what is considered to be in the best interest of the child. The traditional and often used assumption is that children need both a mother and a father, which plays an important role in divorce and custodial proceedings, and has carried over into adoption and fertility procedures. As of April 2018 all Australian states and territories allow adoption by same-sex couples.

<span class="mw-page-title-main">LGBT rights in the Northern Territory</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Australia's Northern Territory have the same legal rights as non-LGBT people. The liberalisation of the rights of lesbian, gay, bisexual and transgender (LGBTQ) people in Australia's Northern Territory has been a gradual process. Homosexual activity was legalised in 1984, with an equal age of consent since 2003. Same-sex couples are recognised as de facto relationships. There was no local civil union or domestic partnership registration scheme before the introduction of nationwide same-sex marriage in December 2017, following the passage of the Marriage Amendment Act 2017 by the Australian Parliament. The 2017 Australian Marriage Law Postal Survey, designed to gauge public support for same-sex marriage in Australia, returned a 60.6% "Yes" response in the territory. LGBT people are protected from discrimination by both territory and federal law, though the territory's hate crime law does not cover sexual orientation or gender identity. The territory was the last jurisdiction in Australia to legally allow same-sex couples to adopt children.

<span class="mw-page-title-main">LGBT rights in Jersey</span>

Lesbian, gay, bisexual, and transgender (LGBTQ) rights in the British Crown dependency of Jersey have evolved significantly since the early 1990s. Same-sex sexual activity was decriminalised in 1990. Since then, LGBTQ people have been given many more rights equal to that of heterosexuals, such as an equal age of consent (2006), the right to change legal gender for transgender people (2010), the right to enter into civil partnerships (2012), the right to adopt children (2012) and very broad anti-discrimination and legal protections on the basis of "sexual orientation, gender reassignment and intersex status" (2015). Jersey is the only British territory that explicitly includes "intersex status" within anti-discrimination laws. Same-sex marriage has been legal in Jersey since 1 July 2018.

<span class="mw-page-title-main">Adoption and Children Act 2002</span> UK legislation governing adoption and other family-related matters

The Adoption and Children Act 2002 is a law that allows unmarried or married people and same-sex couples in England and Wales to adopt children. The reforms introduced in the Act were based on a comprehensive review of adoption and were described by The Guardian as "the most radical overhaul of adoption legislation for almost 30 years".

The political activity of the Catholic Church on LGBTQ issues mainly consists of efforts made by the Catholic Church to support or oppose civil government legislation on issues of importance to LGBTQ people. While the Church has condemned violence against gay and lesbian individuals, it has also, in some countries, opposed efforts to decriminalize homosexuality and resist anti-discrimination measures. The Church advocates for marriage to be legally defined as a union between one man and one woman, thus generally opposing the legalization of same-sex marriages. Opinions on specific LGBTQ issues have been variable and have evolved over time. The Church asserts that certain forms of discrimination against LGBTQ people in some contexts are justifiable in service to the common good.

References

  1. "Adoption and Children (Scotland) Act 2007, 2007 asp 4, s. 29". Opsi.gov.uk. Retrieved 2 May 2010.
  2. Thomas, Ellen (20 September 2009). "New legislation sees gay Scottish couples win right to adopt children". The Herald. Retrieved 23 September 2009.
  3. Smith, Peter (5 February 2007). "Note from Archbishop Peter Smith regarding Catholic adoption agencies and the current controversy". Catholic Church of England and Wales. Archived from the original on 31 December 2008. Retrieved 1 October 2009.
  4. Leeds-based Catholic charity wins gay adoption ruling bbc.co.uk, 17 March 2010
  5. Besanvalle, James (16 November 2018). "Record-breaking one in eight adoptions in England are by same-sex couples". Gay Star News.