Adoption (Amendment) Act 2017

Effect of adoption where adopter is step parent of child

26. The Principal Act is amended by the insertion of the following section after section 58:

“58A. (1) Section 58 shall not apply where the adopter of a child is a step parent of the child and, in that case, upon an adoption order being made—

(a) the child concerned shall be considered, with regard to the rights and duties of parents and children in relation to each other, as the child of—

(i) the adopter and the adopter’s spouse,

(ii) the adopter and the adopter’s civil partner, or

(iii) the adopter and the adopter’s co-habitant,


(b) with respect to the child—

(i) the mother or guardian, unless such mother or guardian is a person referred to in subparagraph (i), (ii) or (iii) of paragraph (a), and

(ii) every relevant non-guardian of the child,

shall, subject to section 57, lose all parental rights and shall be freed from all parental duties in respect of that child.

(2) Nothing in this section shall operate to affect the legal parent-child relationship of a person, being a mother or guardian secondly referred to in paragraph (b) (i), with regard to his or her child, who is the subject of the adoption order referred to in subsection (1).”.