New report published
Post-adoption contact has been in the news in the last few days. This follows the publication last Thursday (7th November 2024) of a report by the adoption sub-group of the Public Law Working Group entitled ‘Recommendations for best practice in respect of adoption’.
The Public Law Working Group was established by the President of the Family Division of England and Wales, Sir Andrew McFarlane. The adoption sub-group, chaired by Mrs Justice Judd, and with a membership of professionals from across the adoption sector, has been working on the review, consultation, and report for four years.
Recommendations
The report recommends that very significant changes are required. The report is extremely detailed, providing dozens of recommendations. It is intended as a review of the adoption process and a catalyst for positive changes.
The report examines how the model of adoption has evolved over the years and proposes changes. Rates of adoption have fallen from a peak of 25.000 in the late 1960s to less than 3.000 in 2022. When adoptions were first introduced most adopted children were babies relinquished for adoption by young mothers.
Nowadays most adopted children have been the subject of care proceedings brought by the local authority. The report also considers how adoption processes need to adapt in a digital age and with social media making it easier for adopted children to find their birth families online. The proposed changes include making use of digital tools for both training, information and contact.
The key recommendation which has attracted media attention is that there should be an ongoing relationship for the adopted child with birth family, to include face to face meetings, unless this is unsafe. Each case will need to be considered on its own facts and the child’s best interests will come first. The report recommends training and greater support and counselling for birth parents.
The report recommends that there should be a national protocol for a standard procedure for access to records applications, and a much simpler system of dealing with adoptions involving an international element contained in a single Act of Parliament.
Further recommendations are made for consent cases including training for all, better access to legal advice for parents before the birth, and that local authorities bring proceedings straight away, and that they are listed urgently.
Reaction and comment
Chair of the Public Law Working Group sub-group, which is responsible for the report, Mrs Justice Judd, said: “This report highlights the need for significant change so that adopted children have more opportunity to keep in touch with their birth families unless it is not safe, and better access to their records. It also calls for changes to process and clearer guidance for international adoptions and recognises the lasting effect of adoption orders on birth and adoptive families.”
President of the Family Division of England and Wales, Sir Andrew McFarlane, said: “I welcome all of the report’s recommendations and would like to thank all those who contributed to its development either by membership of the group or by responding to the consultation.
“The recommendations concerning contact with a child’s birth family are especially important, but the particular arrangements in each case much be determined by the needs of the individual child.”
The recommendations have met with mixed reactions with some families saying that changes are long overdue and others fearing that the number of prospective adopters will fall.
Fiona Moffat, Managing Partner said “We wait with interest to see what legislative changes are made as a result of the recommendations contained within the report.”
Next Steps...
Our family team are very experienced in dealing with all aspects of the law relating to children and adoption. For further information, visit our family law page or give us a call on 0800 011 6666.
