Can I adopt or foster if my partner and I are not married?
You do not need to be married to your partner to adopt or foster a child
Please read below for the slight differences in legislation between adoption and fostering.
Adoption
You can adopt a child either as a single carer or as a couple.
In England and Wales, under the Adoption and Children Act 2002, just as unmarried heterosexual couples can adopt jointly, so can lesbian and gay couples, irrespective of civil partnership.
In Scotland at present, under the Adoption (Scotland) Act 1978, only married couples can adopt together and unmarried couples cannot adopt a child jointly. Where unmarried couples apply to adopt, both partners would be assessed together, with one partner applying to adopt as a single person. The other may apply for a residence order. However, the Adoption and Children (Scotland) Act 2007, will allow unmarried couples, including same-sex couples, to adopt jointly when it comes into force in 2008.
In Northern Ireland, the Adoption (Northern Ireland) Order 1987 allows only single carers or married couples to adopt. For unmarried couples (including lesbian or gay couples) this means that only one partner can be the adopter. Adoption legislation in Northern Ireland is under review, and this may change over the next few years to allow unmarried couples (including gay and lesbian couples) to adopt jointly.
Fostering
In England and Wales, under the Children Act 1989, you can foster a child either as a single carer or as a couple.
In Scotland, single people and couples can foster, including unmarried couples. The Fostering of Children (Scotland) Regulations 1996 have caused difficulties in the past for same-sex couples. However, under the Adoption and Children (Scotland) Act 2007, these are changing, and authorities and agencies should be starting to assess same-sex couples for foster care.
In Northern Ireland, single people, lesbians or gay men can foster as either single people or with their partners.
Have you seen the Be My Parent features on diversity of carers? You may also want to read our legal and financial information on adoption and fostering.
Last updated: 02 March 10
