What you can do

Adoption and fostering

The Law

In November 2002, the Adoption and Children Act passed into law and, for the first time, allowed unmarried couples, including same-sex couples, to apply for joint adoption. You can also now adopt as an individual.

The Act came into effect on 30 December 2005.

How to adopt

Applications for adoption must be made to an adoption agency. These may be run by the local authority or an approved agency.

The adoption assessment is lengthy and very thorough. If you are a couple applying to adopt you will both be assessed, and will need to demonstrate the stable and enduring nature of your relationship.

Following a successful assessment the application is referred to an Adoption Panel. If you are approved by the Panel, you will go through a matching process. This involves a child or young person being placed with you. Depending on the success of this placement, an application can be made to the court for an adoption order. At this stage further reports will be placed before the court to help them reach a final decision.

Adoption leave

Once a person has had a child placed with them the couple must decide which one of them will elect to take adoption leave (the ‘primary adopter’). The other will normally be entitled to paternity leave.

For more information, see our section on parental leave. 


As a same-sex couple you may also wish to consider fostering. Fostering involves providing a home for a young person who cannot live with their parents because of problems at home, or because they are going through a difficult period of their life. There are several types of fostering, with some foster parents deciding they want to provide emergency or short-term placements for children while problems are resolved, and others wishing to provide long-term foster care. For some people fostering is a route into adoption.

People applying to become foster parents will experience a similar process to those applying to become adopters, and it takes about six months.

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For further information please contact Stonewall's Information Service on 08000 502020, tweet to @StonewallUKInfo or email info@stonewall.org.uk