Can Same Sex Couples Adopt and Foster Children?

Richard Page, a magistrate from Kent is suing his employer, Michael Gove, Lord Chancellor, following him being removed from his position as a magistrate. This came after he made it known that he didn’t believe that same sex couples should be allowed to adopt. Mr Page believes that it is in the best interests of a child to be adopted by a man and woman “as God and nature intended it” irrelevant of what the law states. Guardian Article

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However, Magistrates are there to ensure the law is followed and upheld and not to allow their personal opinion or prejudices affect their decision.

So what is the law?

Following the Adoption and Children Act 2002, same sex couples, whether or not they are married or have entered into a civil partnership, are able to apply for joint adoption. An individual may also apply to adopt. The same applies to fostering.

Lesbian, gay, bisexual and transgender (LGBT) people must be assessed fairly, using the same criteria as straight couples or individuals, when deciding if they are suitable for adoption. They must not be turned down for adoption or fostering simply because they are lesbian, gay, bisexual or transgender.

The adoption process is a lengthy process, quite rightly, given that it involves children who need to be put first.

The charity, Stonewall, gives more information and support for LGBT couples or individuals going through the fostering and adoption process.

Please contact a member of our Family team on 0116-2628596 if you would like further information.