Adoption
An adoption order extinguishes the legal relationship between a child and its biological family by transferring parental responsibility to the adoptive parents. Adoption is only an option where the child is under 18 and has never been married. A child can only be adopted with the consent of the birth parents. This consent can be dispensed with if a parent either cannot be found or is deemed to be withholding consent unreasonably.
The local authority must obtain a ‘placement order’ under section 21 of the Adoption and Children Act 2002. If a parent objects to the making of such an order, the court will decide whether, taking into account all the circumstances of the case, a reasonable parent in that position would withhold consent.
The matter of post adoption contact between children and their birth parents is a controversial one on which consistent practice has yet to emerge. The views of older children will be given due weight but there can be a presumption that continued contact with the biological family can disrupt the new placement and thereby undermine the child’s opportunity for stability in a new environment. A court will generally not make an order for post adoptive contact unless the new family are in agreement
At 18 children can apply for a copy of their original birth certificate and for information about their birth family from the adoption agency, which arranged the adoption. Adult adoptees and birth family members can also apply to the Registrar General for entry of their names on the Adoption Contact Register which includes the names of adopted persons and the relatives of adopted persons. Currently, Gillick competent children under the age of 18 have no legal right to know the identity of their birth parents. This may raise issues under Article 8 ECHR.
