Family matters

Children and parenting

Some same-sex couples have caring responsibilities for children. The law will recognise the role of both civil partners in respect of a child living in their household.

When the Adoption and Children Act 2002 came into force on 30 December 2005 a person is able to acquire parental responsibility for their civil partner’s child. They can do this with the agreement of their civil partner, as long as the civil partner has parental responsibility themselves. If the child’s other parent also has parental responsibility, both parents must agree. Parental responsibility can also be acquired on application to the court.

In addition, under the Adoption and Children Act, same-sex couples, including civil partners, will be able to apply to adopt a child jointly. For more information about parental responsibility consult your local Citizens Advice Bureau or a family law solicitor.

Maintenance

Civil partners have a duty to provide maintenance for each other and for any children of the civil partnership.

Child support

From 5 December 2005, civil partners who are parents will be treated in the same way as married partners for Child Support. Also, parents who are living with a same-sex partner even when they have not formed a civil partnership will be treated in the same way as parents who live together with an opposite-sex partner, but are not married. Depending on your circumstances, this could affect the amount of maintenance paid for your child.