More Birth Family Contact for Adopted Children

More Birth Family Contact for Adopted Children
Ravi Kaur Mahey
Legally reviewed by: Ravi Kaur Mahey In: Child Care
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Proposed Changes in Adoption Law

Recent developments in adoption policy may bring significant change to the lives of adopted children and their birth families. 

Currently, a child’s birth parents and adoptive parents are subject to the “letterbox” system, allowing both parties to have screened communication based on a voluntary agreement.

Recommendations in a newly published report suggest that adopted children could have more direct contact with their birth families, moving beyond the traditional system.

These proposals are applauded as long overdue but have been questioned by those concerned that they might deter future adopters.

Limitations of the “Letterbox Approach”

The current “letterbox” approach, which usually permits only indirect contact through letters a few times a year, has been criticised as outdated and limiting. The report, supported by Sir Andrew McFarlane, President of the Family Division, argues for more personalised approaches, such as face-to-face meetings when deemed in the best interests of the child. This would not require a change in law but could instead be adopted by family courts on a case-by-case basis.

Concerns for the Wellbeing of Adopted Children

However, these proposals have sparked concern. For some children, face-to-face meetings may be unsettling, leaving children feeling confused and anxious about their identity.

Sir Andrew McFarlane recognises the potential complications of birth family contact in today’s digital age. Children adopted at older ages may have memories of their birth families, and online search capabilities make it easier than ever for them to find and contact relatives. Without proper support, these reunions can create emotional upheaval and, in some cases, even lead to adoption breakdowns. Reports from Adoption UK estimate that 3% to 9% of adoptions in the UK end in breakdown, a statistic that underscores the need for sensitive, well-supported contact arrangements.

Introduction of a National Register for Adoption Records

In addition to greater birth family contact, the report recommends various reforms, including a national register for adoption records and changes to international adoption laws. Another proposed reform is to replace the term “celebration” for the final court visit of adoptive parents with something less emotionally charged.

Modernising and Humanising Adoption Practices

These reforms are intended to modernise and humanise adoption practices, but they come with complexities. Adoption UK reports that many adoptive parents worry that increased contact with birth families could discourage potential adopters from stepping forward at a time when the number of prospective adopters is already dwindling.

While adoption reform is vital, contact decisions must remain sensitive to each child’s unique needs and background.

Putting Adopted Children First

The Department for Education has responded cautiously, stating that adoption should prioritise children’s best interests, including safe and appropriate family contact. For children in care, a stable family environment, often facilitated through adoption, can be a life-changing intervention. It is vital that the focus remains on the well-being and stability of the child.

The Child Care Team at Cartwright King understands the importance of adapting adoption practices in a way that acknowledges both the evolving social landscape and complex family dynamics. For more information on adoption or legal support, please get in contact with our dedicated Child Care team.

Legal Disclaimer

All advice is correct at time of publication.