Married With Kids: Adopting in Civil Partnerships
by James P. Outreach & PR ExecutiveThe process of adoption is no walk in the park, with many
wondering what our rights are when wanting to adopt. Those who are in civil
partnerships and are looking to expand their family will have numerous
unanswered questions on their mind regarding the process.
In 2005, the Adoption and Children Act came into effect. Since
then, same-sex couples, including those who are unmarried, were able to apply
for joint adoption. Fast forward five years, further steps towards equality for
LGBT applicants were established through the Equality Act 2010, protecting
people being victim to discrimination by adoption agencies, ensuring that every
application is treated fairly.
Adopting a child can be quite a daunting process, however, it
can be one that transforms a child’s life for the better. With this in mind, we
discuss all the important need-to-knows that must be considered when adopting a
child in a civil partnership.
So, how do I adopt?
The idea of adoption is an intriguing concept—but how
exactly do you do this?
The first part is getting in touch with an adoption agency—these
might be operated by an approved agency or your local authority.
Once in touch, you will undergo a thorough assessment—your
relationship will also be assessed if you’re wanting to adopt as a couple. This
assessment is an essential part of the adoption stage as it determines whether
they will proceed with your application or not.
After this has been completed and you are successful, the
application is sent to an adoption panel. If they proceed with your
application, you’ll begin what is called the ‘matching process’, whereby a
child is placed with you to determine if an adoption order can proceed to the
court. If you reach this stage of the adoption process, additional reports and
information will be provided to the courts to help them make their final decision.
What happens after I adopt a child?
Once you have undergone the adoption process and now have
custody of the child, you must decide who will take adoption leave—stating who
the ‘primary adopter’ will be. As for your partner, they will usually be entitled
to paternity/maternity leave too, and the remaining period of adoption leave
can be shared between those adopting in a couple, since usually paternity leave
is granted to them also.
Does the way I adopt involve different laws?
In short, yes, there are variances in the laws regarding
adoption depending on how you intend to do this. If you’re choosing to legally
adopt your partner’s child or children, as long as you have lived with them for
more than six months, then this is usually a straightforward process that
doesn’t require an agency.
On the other hand, if you’re wanting to adopt from outside
the UK, this process will be slightly more complex, and speaking to a family law solicitor about
overseas adoption will be needed. As for those wanting to adopt within the UK,
the process as explained above applies.
Fostering a child: the differences between fostering and adoption
Other than adopting a child, you may also be interested in
the fostering process too. Under the Adoption and Children act, LGBT couples
are also eligible to foster—a process that is being done by an increasing
number of people in civil partnerships every year.
Before you decide whether to adopt or foster a child, it’s
important to know the differences between them. The main difference is that
when you adopt a child, you gain full legal custody over them and all
responsibilities and rights as a parent are granted to you. When you foster a
child, legal custody is not granted to you, and in most cases remains with the
child’s legal guardian.
Another key difference is the duration of time between
adoption and fostering a child. When adopting a child, this is typically a
permanent decision and legal situation. As for fostering, this is seen as a
more temporary situation that occurs if a child or young person has been placed
into a foster home due to their current living situation being reported as
neglectful or an unsafe environment. When it is viewed as being safe for them to
return to their biological family, then the fostering period will end. If you
foster a child, there is no time limit to how long they are placed in your care—this
time period could last anywhere from a few weeks, or years, and in some cases, could
lead to adoption.
Both the adoption and fostering process can help give
support and love to the children that need it most. Whichever you decide to do.
it is going to change their life for the better. Before considering which one
to choose, it’s important to take into account what is right for both you and
your partner’s current living situation, and what would be best for the child
in the long-term.
Sources
https://www.stonewall.org.uk/help-advice/parenting-rights/adoption-and-fostering
https://www.coramadoption.org.uk/who-can-adopt/five-facts-about-lgbt-fostering-and-adoption
https://pathwayfs.org/foster-care-vs-adoption-differences-and-similarities/
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Created on Sep 22nd 2020 06:18. Viewed 294 times.