‘Wholesale reform to adoption process is needed’, says Public Law Working Group

Wholesale reform is needed, the adoption sub-group of the Public Law Working Group has said following the conclusion of its four-year review.

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.

The report focuses on five areas: international adoption; consensual adoption; access to adoption records; processes and procedures in court; and contact.

The detailed report provides dozens of recommendations across the five areas. The Public Law Working Group says 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.

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.”

One key recommendation in the report calls for ‘a change in face-to-face contact between adopted children and birth families, with training and greater support and counselling for birth parents.’ This issue was highlighted by recent reports from charity Adoption UK, who say that contact with members of the birth family can be hugely beneficial to adopted children and can be key to developing their sense of identity, extending into adulthoods.

“Safe and well managed contact with birth family can be enormously beneficial for an adopted child or young person,” Emily Frith, Chief Executive of Adoption UK said. “It can help them understand their life story and stay connected to important people in their lives. More adopted children should have opportunities for contact with their birth family.

“But contact has to be meaningful and safe for the child and if it’s not well managed it can be harmful for them, both in childhood and into adulthood. At the moment, support for managing relationships between birth family and adoptive families is at best patchy, at worst non-existent. Adult adoptees often get no support in tracing and reestablishing contact with birth family members. There is an urgent need for radical change in support for contact – including funding for specialist support workers to help everyone involved."