Family Leave and Miscellaneous Provisions Act 2021

Amendment of section 2 of Act of 2019

25. Section 2(1) of the Act of 2019 is amended—

(a) by the deletion of the following definitions:

(i) “adopting father”;

(ii) “adopting mother”;

(iii) “employed adopting mother”;

(iv) “sole male adopter”,

(b) by the insertion of the following definition:

“ ‘qualifying adopter’, in relation to a child who is, or is to be adopted, means the qualifying adopter, within the meaning of the Act of 1995 (as amended by the Family Leave and Miscellaneous Provisions Act 2021), of the child and includes, for the purposes of this Act, a person who would be a qualifying adopter but for the fact that he or she is not an employee;”,

(c) in the definition of “day of placement”, by the substitution of “the relevant parent” for “the relevant adopting parent”,

(d) in the definition of “relevant parent”, by the substitution of the following paragraph for paragraph (a):

“(a) in the case of a child who is, or is to be, adopted—

(i) the qualifying adopter of the child, and

(ii) the spouse, civil partner or cohabitant, as the case may be, of the qualifying adopter of the child,”,

and

(e) in the definition of “surviving parent”, by the substitution of the following paragraph for paragraph (a):

“(a) in the case of a child who is, or is to be, adopted—

(i) where the deceased relevant parent was the qualifying adopter of the child, the spouse, civil partner or cohabitant, as the case may be, of the qualifying adopter of the child, or

(ii) where the deceased relevant parent was the spouse, civil partner or cohabitant, as the case may be, of the qualifying adopter of the child, the qualifying adopter concerned,

and”.