There is a sea change in the way post-adoption relationships between children their birth families are viewed. For many years, in the eyes of the law, adoption has been viewed the same way, until recently when a new report has made seismic recommendations. Here, McAlister Family Law’s Nick Hodson looks at the significant changes in the report commissioned by Sir Andrew McFarlane, and offers his insight into what reform would mean.
The death penalty for murder in Great Britain was abolished in 1965. Since that date, the most draconian order any court can make is an adoption order. In the eyes of the law, the child who is adopted is treated as if they had been born to the adopter. In the vast majority of cases, it would mean that the child would have no contact with their birth family.
In 1965, there were about 25,000 children adopted each year. At that time, the model for adoption was of children who were born illegitimate, or to poor or very young parents. They were often babies, ‘relinquished’ at birth, to be placed with more financially and socially secure childless married couples. Often, many women were forced to give up their babies because of the shame of giving birth when unmarried.
Whilst the world has moved on significantly since the 1960’s the approach to post adoption relationships between children and their birth family has largely remained unchanged. As a consequence of all sorts of societal changes, the number of children adopted has reduced to just under 3,000.
However, a new report, commissioned by Sir Andrew McFarlane, the President of the Family Division, has made new recommendations that can only be described as ‘seismic.’ The headline recommendation is the ‘sea change in the approach to the question of face-to-face contact between the adopted child and the birth family or other significant individuals.’ Whilst, in theory, courts have had to have regard to this issue, the reality is that for the most part, it has been swept under the carpet.
The report advocates training for all those involved in the adoption process, but particularly, for potential adopters. At the heart of the training will be the lifelong adoption needs of adopted people, in relation to their sense of identity and loss in respect of their birth family connections and the importance of open communication and birth family contact [both direct and indirect].
The report recognises that it will not be safe for all adopted children but makes it clear that the current system is outdated and needs to change.
One of the most significant changes will be the impact on separating siblings. Quite frequently, some sibling groups are separated, with the oldest children [ over the age of 5] deemed to be not adoptable while their younger brothers and sisters are placed for adoption. Often, these children have a very strong attachment to each other. It is anticipated that the new regime will see fewer sets of siblings being separated from each other.
What will the reforms mean? Some commentators are concerned it will lead to a reduction in potential adopters. Others are worried about the impact on the children – will it expose them to emotional problems seeing their birth family but also adopted by another? It is hard to say but it feels like this is a once in a generation shift in legal attitudes towards all those people impacted by adoption.
If you have any questions around adoption and post-adoption relationships with birthparents, get in touch with our award winning specialist team today at [email protected]
