The Adoption and Children Act 2002 (ACA) came into effect on 30 December 2005, giving unmarried couples the ability for the first time to adopt children jointly.

Under the previous regime, a couple living together in a secure and stable relationship who wished to adopt a child would be assessed for suitability as a couple but only one person could be the adoptive parent of the child. Now, both partners can be legal parents. Couples who have adopted children under the old system can now apply for the second partner to become a legal parent.

The new law has been described as a recognition of ‘the realities of modern family life’, in which increasing numbers of families are no longer made up of a married couple plus their own children, and reflects the desire of the Government to make the law follow social realities, as evidenced by the recent Civil Partnership Act, which also came into effect in December.

The ACA also creates ‘special guardianship orders’, which give foster parents, family members and other persons caring for children the ability to apply for an order which makes them, rather then the local authority, responsible for the child until the age of 18.

In addition, parents who have given children up for adoption in the past and who wish to make contact with them now have the legal right to contact an intermediary agency to find out if such contact would be welcome. An adopted adult will have the option of registering a ‘veto’ to prevent disclosure of their identity or location.