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Alderney's adoption laws to be updated, following same sex marriage legalisation

Alderney's adoption laws to be updated, following same sex marriage legalisation

Thursday 21 June 2018

Alderney's adoption laws to be updated, following same sex marriage legalisation

Thursday 21 June 2018


Now that same sex couples can get married in Alderney, the island's adoption laws are also going to be updated to bring them into line with other jurisdictions.

The States of Alderney gave final approval to same sex marriage last week, with the first couple tying the knot just three days later.

While Alderney changed its marital laws, its adoption laws are covered by Guernsey's legislation - and because Guernsey's law on adoption was previously changed to allow same sex couples and single people to legally parent a child, the two islands are now out of sync.

The States of Guernsey website explains it as follows: 

The Adoption (Guernsey) Law, 1960 was extended to Alderney under the Alderney (Application of Legislation) Law, 1948, as, from time to time, were the various amendments to that Law. The 1960 Law has recently been further amended by the Adoption (Guernsey) (Amendment) Law, 2017 so as to permit adoption by couples who are in a civil partnership and couples who are not in a legally-recognised relationship but who are living together in an enduring family relationship, whether they are of different sexes or the same sex.

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Later this year, the States of Guernsey will be asked to approve the draft Ordinance entitled "The Alderney (Application of Legislation) (Adoption) Ordinance, 2018" which will bring Alderney's adoption laws into line with Guernsey's.

This had been lodged with the Greffier in Guernsey ahead of last week's States meeting in Alderney, where same sex marriage was approved. It had been heavily anticipated that would happen without any further delay and the paperwork had already been prepared in Guernsey. Now that same sex marriage has been approved in Alderney, the eligibility to adopt will also be extended to married same-sex couples.

 

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