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Story published on October 28, 2002

Ruling doesn't stop single gay adoption

Gloucestershire County adoption chiefs claim the House of Lords' "archaic" ruling preventing gay or unmarried couples from adopting children is denying needy youngsters good homes.

And until the decision is reversed, they have vowed to continue to use a loophole in the law giving gay couples the chance to adopt.

That loophole sees an adopted child being registered with a single gay man or lesbian woman.

But social services chiefs are aware that, in reality, that single applicant usually has a partner and intends for the child to live with both of them.

Margaret Sheather, director of Gloucestershire Social Services, said: "We have got a clear policy about adoption being open to everyone in Gloucestershire, regardless of gender and ethnicity. In the absence of a new law allowing gay couples to adopt, we accept applications from one of them.

"That person then adopts as a single person although they may, in reality, have a partner.
"The law as it stands provides more help to single people than couples"

Cathy Shay, looked-after children's manager for Gloucestershire Social Services, said there are currently 13 county children, almost all of whom are above the age of six, living with foster parents and waiting to be adopted.

She claimed there were approximately 20 children adopted in the county every year.

"I am not at liberty to disclose exactly how many gay and lesbian people are currently adopting, or waiting to adopt, children in Gloucestershire," she said.
"But I can tell you that a significant number of gay adopters are in the system.
"There are 13 children who we have no options for at the moment, and that number remains constant every year.
"The House of Lords judgement is archaic. If a new law was accepted, we're of the opinion that gay couples would be free to come out into the open and legally apply to adopt.
"We believe it would provide new opportunities for youngsters."

The Government has signalled that it will try to overturn the vote, which would maintain the ban on unmarried and gay couples adopting children.

The Lords voted recently to keep the prohibition by a majority of 34 during the Adoption and Children Bill's report stage.

The defeat was a setback for ministers who want to get the Bill onto the statute book before the opening of Parliament's next session on November 13.

Afterwards social services minister Jacqui Smith said: "The Commons overwhelmingly endorsed the need to widen the pool of potential adopters.
"The Government's aim has always been to ensure that more vulnerable children have the chance of family life that adoption can bring.
"By allowing unmarried couples to adopt together, we would give children the security of having a permanent legal relationship with two parents.
"Given the strong views of the House of Commons on this issue the Government intends to allow another free vote once the Bill returns to the House of Commons."

The move to reject the plans was led by opposition spokesman Earl Howe, who argued that vulnerable children should be safeguarded.

Lord Howe argued: "Adopted children need stability and permanence in their lives. Statistics show clearly that couples who commit themselves to marriage stand the best chance of having a stable and enduring relationship.

"Unmarried couples and same sex couples are very much more likely to split up than couples who are married."

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