2005 Same sex couples given right to adopt

2005 Same sex couples given right to adopt.

In 2005, the legal right for same-sex couples to jointly apply for adoption in England and Wales came into full effect under the Adoption and Children Act 2002. While single gay people had been able to adopt previously, this landmark legislation allowed same-sex and unmarried couples to apply for joint adoption orders for the first time. 

Key figures and groups involved in this legal change included:

Political Proponents

• Alan Milburn (Secretary of State for Health): Introduced the Bill in the House of Commons and eventually confirmed government support for same-sex adoption rights after an internal debate.
• David Hinchliffe MP: A Labour MP who proposed the critical amendment in May 2002 to specifically allow joint adoption by both same-sex and unmarried heterosexual couples.
• Lord Hunt of Kings Heath: The Parliamentary Under-Secretary of State for Health who introduced and defended the Bill in the House of Lords.
• Jacqui Smith: Then a junior health minister, she defended the research showing that same-sex couples could provide stable foundations for raising children during parliamentary questioning. 

Advocacy & Support Organisations

• The British Association for Adoption and Fostering (BAAF): Represented by Chief Executive Felicity Collier, who championed the Act as a way to encourage more people to consider adoption and increase the pool of stable homes.
• Lesbian & Gay Foster & Adoptive Parents Network: Formed as a result of the burgeoning legislation to support applicants and campaign against discrimination in the assessment process.
• Stonewall: Played a major role in the broader 2000s legislative push for LGBT equality, which included this Act alongside the repeal of Section 28 and the introduction of Civil Partnerships. 

Opposition

• The House of Lords: Initially rejected the provision for same-sex and unmarried couples on 16 October 2002, voting to restrict joint adoption to married couples only.
• Iain Duncan Smith (Conservative Leader): Imposed a “three-line whip” on Conservative MPs to support the House of Lords’ attempts to block same-sex adoption, though eight Conservative MPs defied him to support the measure.
• Religious Organisations: Groups like the Christian Institute and Catholic leaders, including Archbishop Vincent Nichols, lobbied against the changes, citing concerns over “normal” role models and traditional marriage. 

The community response to the Adoption and Children Act 2002 was deeply divided, reflecting a country in the midst of a significant cultural shift regarding LGBTQ+ rights.

1. Public Opinion & General Public

• Shifting Majority: A pivotal 2002 MORI survey for BAAF showed that for the first time, more people supported same-sex adoption (44%) than opposed it (36%). This was a major change from just two years prior, when 55% of the public had disagreed with the idea.
• Demographic Divide: Support was strongest among women and younger generations, while opposition was most concentrated among men over 55.
• Pragmatism vs. Ideology: Many members of the public viewed the law through a pragmatic lens—prioritising the “widening of the pool” for the 5,000 children then awaiting homes over traditional family structures. 

2. Religious Communities

The most vocal opposition came from religious institutions, leading to several high-profile legal and public battles:

• The Catholic Church: Leaders like Cardinal Cormac Murphy-O’Connor and Archbishop Vincent Nichols argued that placing children with same-sex couples was against natural law. This eventually led to the closure or secularisation of several Catholic adoption agencies (such as Catholic Care) after they were refused exemptions from subsequent equality laws.
• Church of England: The Archbishops of Canterbury and York, Rowan Williams and John Sentamu, initially supported the Catholic Church’s opposition, expressing concerns that personal Christian conscience was being sidelined by the government.
• The Christian Institute: This group funded campaigns and distributed papers to foster care panels claiming that same-sex parenting was psychologically damaging to children. 

3. LGBTQ+ Community

• End of “Shopping Around”: Before 2005, LGBTQ+ individuals often had to “shop around” for specific inclusive agencies or apply as single people while hiding their partners. The community celebrated the Act as the end of this “second-class” status.
• Formation of Support Networks: Groups like New Family Social were founded or grew during this era to provide peer support and help navigate an adoption system that still held “unconscious bias” despite the new legal rights.
• Normalization Efforts: LGBTQ+ activists focused on dispelling myths about bullying and psychological development, using research to prove that stability and love were more important than the gender of the parents. 

4. Adoption Professionals

• Sector Support: The British Association for Adoption and Fostering (BAAF) was a key ally, advocating for the change to ensure more children were placed in stable, permanent homes rather than remaining in the care system.
• Institutional Shift: Agencies like Barnardo’s moved quickly to embrace diversity training, though some individual social workers initially harboured “heteronormative” views that placed married couples at the top of a perceived hierarchy.

2026EXP