Can I still see my child even if they have been adopted?

In recent years, the Family Court has placed further emphasis on the consideration of post-adoption contact. This is where children who have been removed from their parents’ care and have been adopted by a new family will still have some form of contact with their birth parents.

Previously, the Family Court tended to rely on indirect family time by way of letterbox contact for parents whose children have been adopted. This was because adoption is a permanent and long-term option for children if they are unable to be cared for by their birth parents. The making of the adoption order itself meant that any further family time or contact could cause physical, emotional and psychological harm to the children. However, in the last few years, there has been a strong emphasis by the Family Court and its leading practitioners that genuine consideration must been given to other forms of family time or contact post the making of an adoption order. The House of Lords Children and Families Act 2014 Committee concluded in their 2022 report that “the current system of letterbox contact was outdated and warned that the failure to modernise contact threatened to undermine the adoption system.”[1]

Why has there been a shift in views?

If given genuine consideration and proper efforts to plan, post-adoption family time can be extremely helpful for children to understand their life history and their lived experiences. It can help children understand why they were made subject to adoption orders and how their new family is helping to keep them safe. This will lead to a better sense of self-identity and understanding of their own narrative. Furthermore, due to the advance developments in technology, the possibility of an adopted child to search for and even make contact with their birth family is much more straightforward.[2] This will create an almost irresistible temptation to do so and without proper analysis into how this would affect the child and a structured method for that contact to take place, the repercussions on that child’s safety and welfare will be unknown. In an age where digital communication is easier than ever, the Family Court and its practitioners must consider post-adoptive contact which is more than simply letterbox contact.

How will this effect cases in the future?

It must be made clear that just because there is a stronger emphasis on post adoption contact, it does not mean that every parent whose child has been adopted will have direct face to face contact post adoption. There should be a tailormade approach for each adopted child which includes face to face family time with important individuals in that child’s life if it can be safely achieved.[3] A Social Worker’s Final Statement should include a detailed analysis on post-adoption contact, considering the following factors:

• Age of the child
• Genetic or health factors on the child’s development
• The lived experiences of the child
• Any domestic abuse or parental substance misuse witnessed by the child
• Parental neglect
• Experiences of abuse by the child
• Safety risks to the child

Prospective adopters will also need to consider their ability to promote face to face post adoption contact and training should be given to prospective adopters and social workers to understand when face to face post adoption contact is suitable.

How can we help?

If the Local Authority have issued Care Proceedings in relation to your children, then we may be able to help. Please contact Johnson Astills at either our Leicester office on 0116 255 4855 or our Loughborough office on 01509 610 312 and ask or a member of the Care Team. Alternatively you contact us through our free online enquiry form or email us at careteam@johnsonastills.com and a member of our team will be happy to assist you.