Commentary on Sections Part 2 – Civil Partnership: England and Wales.Introduction Chapter 5 – Children Section 79: Adoption
151.This section amends the Adoption and Children Act 2002 (“the 2002 Act”) to ensure that the relationship of civil partnership is recognised for the purposes of adoption.
152.Subsection (2) amends section 21(4)(c) of the 2002 Act to allow a placement order to end when a child forms a civil partnership.
153.Subsection (3) inserts an additional subsection in section 47 of the 2002 Act so that an adoption order cannot be made in respect of any person who is in a civil partnership or has been in a civil partnership.
154.Subsection (4) amends section 51(1) of the 2002 Act to allow for an adoption order to be made on the application of one person where that person is over the age of 21 years and is not married or is not a civil partner.
155.Subsection (5) inserts an additional subsection in section 51 of the 2002 Act to set out the circumstances where one member of a civil partnership may apply for an adoption order on their own and not as a couple. The circumstances are that: the person’s civil partner cannot be found; the civil partners have separated and are living apart, and the separation is likely to be permanent; or the person’s civil partner is incapable of making an application for an adoption order because of physical or mental ill-health.
156.Subsection (6) amends section 64 of the 2002 Act to include a civil partnership. Section 64(5) enables fees to be prescribed in respect of persons who apply to the adoption agency under sections 60, 61 or 62 for information. The exception is amended to provide that the adopted person cannot be charged in respect of any information disclosed to him about any person who but for his adoption would be related to him by blood, including half-blood, marriage or civil partnership.
157.Subsection (7) amends section 74(1) of the 2002 Act to ensure that the status conferred as a consequence of an adoption order does not apply for the purposes of either Schedule 1 to the Civil Partnership Act (prohibited degrees of relationship) or Schedule 1 to the Marriage Act 1949.
158.Subsection (8) amends section 79(7) of the 2002 Act to ensure that an adopted person who intends to form a civil partnership can apply to the Registrar General for him to check that the person, with whom the applicant intends to form a civil partnership, does not fall within the prohibited degrees.
159.Subsection (9) amends section 81 of the 2002 Act to ensure that the meaning of “relative” for the purposes of an entry in the adoption contact register includes a person related by civil partnership.
160.Subsection (10) ensures that the meaning of “relative” in section 98 of the 2002 Act includes a person related by civil partnership. Section 98 of the 2002 Act amplifies the regulation-making power in section 9 to provide that the appropriate Minister may make regulations in connection with adoptions made before the commencement of sections 56 to 65. Section 98(1) of the 2002 Act provides that regulations may make provision for assisting adults adopted before the appointed day to obtain information about their adoption and to facilitate contact between them and their relatives.
161.Subsection (11) extends the meaning of “relative” in relation to a child in section 144(1) of the 2002 Act to include people related by civil partnership as well as by marriage. Section 144 of the 2002 Act provides general interpretation.
162.Subsection (12) amends the definition (for the purposes of that Act) of “couple” in section 144(4) of the 2002 Act to include two people who are civil partners of each other. With the amendment made by the Civil Partnership Act, a couple means a married couple, two people who are civil partners of each other, or two people, whether of different sexes or of the same sex, living as partners in an enduring family relationship.