First Ever Post-Adoption Contact Appeal Confirms Adopters Have Final Say

Researching Reform

A couple asking for post-adoption contact with their daughter have lost their appeal.

Judges in the Court of Appeal concluded that a refusal to accommodate contact by the child’s adoptive parents trumped the toddler’s right to stay in contact with her birth family.

The case is believed to the first of its kind to reach the Court of Appeal since the implementation of s.51A in the Adoption and Children Act 2002 (ACA 2002). The legislation allows for contact with family members and other significant individuals in a child’s life, after adoption.

The judges hearing the case dismissed the challenge after the adopters in the case refused to accommodate contact between the toddler and her birth parents.

The judgment reinforces the current legal position that post-adoption contact will only be granted in rare cases and usually only where adopters agree to such an arrangement.

The birth parents who have learning difficulties…

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