New report recommends modernisation of adoption laws

Following a four-year review and consultation process, last month the Honourable Mrs Justice Judd released a report, titled, ‘Recommendations for best practice in respect of adoption’. 

But what are the issues with the law and process as it stands now and what is being recommended for change? 

It is well documented that the current law relating to adoption is no longer apt for modern day use. The report explores the problematic nature of the current legislation and legal framework and seeks to spark change with its recommendations.

The report points out several main areas of concern:

• Contact between the adopted child and their birth family
• The process for adopted adults seeking to obtain copies of their records
• Practice and procedure, including adoption with an international element

Contact between the adopted child and their birth family

It is unusual for an adopted child and their birth family to have any more than just ‘letter-box’ contact. This is despite overwhelming research that clearly indicates benefits of face-to-face contact between the adopted child and their birth family. The report therefore comments that the current framework is plainly outdated and in desperate need of modernisation.

The report is of course not naïve to the fact that this will not be suitable for every child and indeed the recommendation is that there should be a tailor-made approach to the issue of contact for each child which is to be considered in the context of their specific case. The report emphasises that the contact does not refer exclusively to just the birth parents, but the birth family, which extends to siblings and grandparents.

The report correctly points out that to enable this to happen properly and safely, consistent training should be rolled out across the country.

Access to records

The report outlines the problematic and cumbersome process of acquiring records for an adopted child. There are various routes to accessing this information depending on who is seeking it and when the person was adopted. Given the significance of such information to a person’s identity, it can be extremely distressing when the information is not easily accessible and/or takes a substantial amount of time to obtain.

The report recommends that a national register is created to confirm where an individual’s records can be found. It further suggests that a protocol is put into place to deal with how to make an application and the timescales to receipt of the information.

Process and procedure – international adoption

Specifically in relation to the process and procedure of international adoption, there are a significant number of statutes and statutory instruments that govern this area. The issues raised in the report lean heavily on the fact this can be very difficult for practitioners to navigate, leading to misunderstandings of the law and consequently causing delays which is detrimental to the child. The report recommends that there be one single Act of parliament dealing with international adoption, so that it can be understood in its standalone format without the need to cross-reference to other regulations.

The report is extremely comprehensive, and it is hoped that the recommendations are considered and implemented as swiftly as possible to modernise the law relating to adoption.

For more information, please contact our family law team.