Children and Family Relationships Act 2015

Amendment of section 60 of Principal Act

123. Section 60 of the Principal Act is amended—

(a) in subsection (2) —

(i) by the substitution of “the adopter or adopters” for “the adopters”, and

(ii) by the substitution of the following paragraph for paragraph (a):

“(a) (i) the child of the adopter or adopters born to him, her or them in lawful wedlock;

(ii) where the adopters are a couple who are civil partners of each other, the child of those adopters; or

(iii) where the adopters are a cohabiting couple, the child of those adopters, and”,

(b) in subsection (3) —

(i) in paragraph (b), by the substitution of “parent or parents” for “birth parent or parents”, and

(ii) in paragraph (c), by the substitution of the following subparagraph for subparagraph (i):

“(i) (I) the child of the adopter or adopters born to him, her or them in lawful wedlock;

(II) where the adopters are a couple who are civil partners of each other, the child of those adopters; or

(III) where the adopters are a cohabiting couple, the child of those adopters, and”,

(c) in subsection (4) —

(i) in subparagraph (i), by the substitution of “whole blood,” for “whole blood, and”, and

(ii) by the insertion of the following subparagraphs after subparagraph (i):

“(ia) where the adopters are civil partners of each other and the other person is the child or adopted child of both civil partners, as brother or sister of the whole blood,

(ib) where the adopters are a cohabiting couple and the other person is the child or adopted child of that couple, as brother or sister of the whole blood, and”,

and

(d) by the insertion of the following subsections after subsection (7):

“(8) In this section references to adopters being a couple who are civil partners of each other shall be read as including references to adopters who were civil partners of each other at the time the adoption order concerned was made or the intercountry adoption effected outside the State concerned was recognised, as the case may be, but who are no longer civil partners of each other at the time of the disposition of the property concerned.

(9) In this section references to adopters being a cohabiting couple shall be read as including references to adopters who were living together as a cohabiting couple at the time the adoption order concerned was made or the intercountry adoption effected outside the State concerned was recognised, as the case may be, but who are no longer living together as a cohabiting couple at the time of the disposition of the property concerned.”.