In recent years, the adoption model has undergone significant changes, moving away from the secrecy that once surrounded it. Comprehensive guidance has emerged, emphasising the importance of face-to-face contact between adopted children and their birth families. Adoption law specialist Zahra Manji explores the changing attitudes of the Courts to post-adoption contact.
Common worries around post-adoption contact
Post-adoption contact is an emotive subject for all concerned:
The child
Where do I come from? I don't want to upset anyone, but I would like to know who I am.
A sibling
I remember my brother, I used to look after him – if I go into social media and look him up, maybe he will be there?
The adopter
I just want what is best for my adopted child – what are the pros and cons of contact? What are the risks?
The parent
I was a different person when he was taken from me, should I not see him for the rest of his life?
Why post-adoption contact is important
There is now more acceptance of the importance of adopted children having a sense of identity. Contact can contribute to reassurance and security, and a feeling of identity for an adopted child, and help dispel feelings of rejection. Sir Andrew MacFarlane (President of the Family Law Divisions) in his recent lecture on the topic Adapting Adoption to the Modern World, concluded:
'I think contact can play a very useful role for the child in helping them understand their world and their life history'. A question to ask is, if a child is not able to address such emotional uncertainty, what will the psychological impact be?
Technological changes mean that it is easier for children and birth families to contact each other. In a case Re G (2020) EWFC 94 the Court of Appeal stated , 'In the days of social media, there is a more than reasonable chance that there will be some sort of contact between them once G is in her middle to late teens, at a time when issues of her own identity and family will be coming to the fore. These are not easy times for any young person, and rather than meet them for the first time in person (in her teens) it could be better if she already knew them, albeit only distantly;'
The current law around adoption
The Adoption and Children Act 2002 puts a duty on the court to consider contact arrangements with the birth family when deciding whether a child should be adopted. Any contact should be for the benefit of the child. Post adoption contact can include siblings and other relatives.
Ensuring contact is safe for a child is pivotal to positive outcomes. Case law requires the court to properly analyse the advantages and disadvantages for a child of having face-to-face contact. There have been digital innovations in respect of post-adoption contact, including digital platforms such as 'Letterswap' and' ARCBOX'.
The courts preference is for contact arrangements to be agreed. Contact support plans and agreements, which are voluntary, can be a helpful tool. Adoption support workers should consider periodic reviews of contact plans.
Counselling and guidance should be provided to birth families to help them accept the adoption.
Case law states that imposing contact on an unwilling prospective adopter, where they are not in agreement, would be extremely unusual. (See the Re B (A Child) (Post Adoption Contact)(2019) 2 FLR 117.
When the court is considering the issue of contact, often the adoptive parents will not be part of the court proceedings. It is really important that the court has the direct views of the prospective adopters. If appropriate, the adopters can be joined to the court proceedings.
Modern adoption services need to adapt to post-adoption contact
The President in his two-part lecture, Adapting Adoption to the Modern World has stated that making an adoption order is one of the most significant decisions the State can take. The plan for any adopted child is to ensure that they become settled on a pathway similar to any child whose life is centred around their birth parents and family. A child does have the right to a normal family life.
However an adopted child has needs beyond a typical child. Their family experience may be stimulated by curiosity, the memory of their birth family, the need to know their family history. Should their needs be suppressed? The law and guidance essentially calls for the development of a 'modern adoption', services should be improved, there should be more focus on the continuing relationships and knowledge of the birth family, and the needs of the child should be at the centre. 'Every adopted child has a right to no less.'
The views of an anonymous adopter
"As a family law practitioner and also an adopter I have watched these developments with interest. There will obviously be no one size fits all approach but I do believe local authorities have more to do in reassuring prospective adopters that ongoing contact can be a good thing for adopted children in appropriate circumstances and in helping to facilitate it. My personal experience of post-adoptive sibling contact is that it has been very much driven by me with the local authority responding to my requests to get something in place. This comes from the local authority being very short of staff to deal with post adoption contact. This is something that will have to change if it is to be properly encouraged and put in placed for more adopted children."
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
