Abstract

Step-Parent Adoptions: What is the Law? By Jacqueline Priest Faculty of Law, University of Durham The Children Act 1975, s. 10 (3) provides that where a parent and stepparent jointly apply to adopt a child, “the court shall dismiss the application if it considers the matter would be better dealt with under section 42 (orders for custody, etc.) of the Matrimonial Causes Act 1973.’’ According to a D.H.S.S. circular,’ the pro- visions of section lo2 were intended “to discourage adoption by parents, step- parents and relatives and to direct attention to alternative forms of legal custody. A parent and stepparent of a child will not normally be able to get an adoption order if the parent has custody of the child.” Referring to this circular, Ormrod L.J. commented in Re X3: “We do not think that section 10 (3) as drafted goes as far as either of these interpretations.” The original hearing in Re S. took piace after the enactment but before the implementation of section 10 (3). Having found that the county court judge had legitimately paid regard to the philosophy underlying the subsection,4 the Court of Appeal indicated the relevant questions which the court should ask itself