Lexis Nexis Chambers of the Year 2024

In recent days, The President’s Public Law Working Group has today published its much-anticipated report, ‘Recommendations for Best Practice in Respect of Adoption’. This report is a critical read for all family law practitioners, particularly those involved in adoption cases. 

The report outlines several key recommendations aimed at improving practices and policies surrounding adoption in England and Wales, many of which will have significant implications for our work as family law practitioners. The key recommendations include: 

  1. Changes to face-to-face contact between adopted children and birth families: The report suggests a re-evaluation of the current approach to contact between adopted children and their birth families. It highlights the need for better training, support, and counselling for birth parents to facilitate healthier relationships and transitions where appropriate.
  2. National protocol for access to records: A call is made for a national protocol to standardise procedures for access to adoption records. This aims to simplify and improve the process for all parties involved.
  3. Rewriting the statutory Framework for international adoptions: Given the complexity of adoption cases with an international element, the report recommends that the statutory framework be consolidated into one single Act of Parliament. Until this can be achieved, there is a pressing need for clear, written guidance to navigate these cases more effectively.
  4. National strategy for adoption by consent cases: The report advocates for the development of a national strategy to address adoption by consent cases. This includes enhanced training for all involved, better access to legal advice for parents before the birth, and urgent legal proceedings by local authorities. The recommendation calls for these cases to be listed urgently to avoid delays and ensure the best outcomes for children.

Mrs Justice Judd, Chair of the Public Law Working Group sub-group, commented:   

“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.” 

As members of the family law community, we understand the profound impact adoption has on both children and families, and these recommended changes may help pave the way for a more transparent, efficient, and supportive adoption system. 

We encourage all practitioners working in this area to carefully review the full report which can be found here. 

This is an important step forward in ensuring adoption practices evolve to meet the needs of children, birth families, and adoptive families alike.  

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Lexis Nexis Chambers of the Year 2024

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