Children and Family Relationships Act 2015

47.

Amendment of section 6 of Act of 1964

47. Section 6 of the Act of 1964 is amended—

(a) by the insertion of the following subsection after subsection (1):

“(1A) Where civil partners or a cohabiting couple have jointly adopted a child under an adoption order the civil partners or cohabiting couple, as the case may be, shall be guardians of the child jointly.”,

(b) by the insertion of the following subsection after subsection (3):

“(3A) (a) On the death of a civil partner who has jointly adopted a child with their civil partner, the other civil partner, if surviving, shall be guardian of the child, either alone or jointly with any guardian appointed by the deceased civil partner or by the court.

(b) On the death of one cohabitant of a cohabiting couple who have jointly adopted a child, the other cohabitant, if surviving, shall be guardian of the child, either alone or jointly with any guardian appointed by the deceased cohabitant or by the court.”,

(c) by the substitution of the following subsection for subsection (4):

“(4) Subject to subsection (1A), where the mother of a child has not married the child’s father, and no other person is, under this Act, the guardian of the child, she, while living, shall alone be the guardian of the child.”,

and

(d) by the insertion of the following subsection after subsection (4):

“(5) In this section, ‘cohabiting couple’ has the same meaning as it has in the Adoption Act 2010.”.