Wholesale reform to adoption process is needed, says Public Law Working Group
FamilyFamily CourtFamily DivisionPresident of the Family DivisionSir Andrew McFarlaneReports
Wholesale reform is needed, the adoption sub-group of the Public Law Working Group has said in its report ‘Recommendations for best practice in respect of adoption’, which is published today (Thursday, 7 November).
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. It focuses on five areas: international adoption; consensual adoption; access to adoption records; processes and procedures in court; and contact. The report is extremely detailed, providing dozens of recommendations across the five areas. It is intended as a review of the adoption process and a catalyst for positive changes, and also as a useful tool for those working in adoption and related services.
The report finds that the model of adoption has adapted and changed over the years, and that more needs to be done to make it effective now, including making use of digital tools for both training, information and contact. The original model for adoption was of children who were born illegitimate, or to impoverished or young parents, and being ‘relinquished’ at birth to be placed with more financially and socially secure childless married couples. Now, most children are adopted from care, although there remains a small number of cases where babies are relinquished for adoption. The number of adoptions in England and Wales has significantly changed, peaking at around 25,000 in the late 1960s and falling to around 2,950 in 2022.
The report recommends that:
- There needs to be a change in face to face contact between adopted children and birth families, with training and greater support and counselling for birth parents.
- There should be a national protocol for a standard procedure for access to records applications.
- In order to simplify the extremely complex system of adoptions with an international element, the statutory framework should be rewritten so that it is contained in one single Act of Parliament. In the meantime, there is an urgent need for written guidance.
- A national strategy for adoption by consent cases needs to be developed, including training for all, better access to legal advice for parent(s) before the birth, and that local authorities bring proceedings straight away, and that they are listed urgently.
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 report and appendices are attached below.