The decline in the number of adoptions, so often quoted by the Press, is largely
due to the changes in the law in 1975 that made adoptions by mother and
step-father virtually impossible. These were a regular feature of Magistrates
work at the time. In fact, although the number of such cases dropped sharply,
they remain a significant proportion of adoption applications and received a
sharp boost by the Child Support Act, which prompted many couples to agree with
the natural father to allow them to adopt, thereby ridding him of the liability
to support the child - even though he might continue to have contact.
The requirement of the Children Act 1975 - to refuse an adoption application
by step-parents unless satisfied that no other order would protect the interests
of the child - has been abolished, but most courts will observe the same basic
principle, that to deprive the child of the opportunity for contact with the
father and his family (often the main purpose of the application) is of no
advantage to the child as such. The need for the child to be embraced in the new
family, a much more praise-worthy objective, can adequately be met by a joint
residence order, which gives the step-parent parental responsibility and all the
rights of a parent. Change of name can also be ordered at the same time.
There are cases, it's true, where an adoption order would be of real benefit
to the child, especially when the natural father has never played a part in his
or her life. Applicants must satisfy all the usual requirements of the law, in
particular that they must be married and demonstrate a stable and durable
relationship, and undergo all the other investigations by Social Services and
the courts that are part of the adoption process.