Adoption is one of the most significant decisions a family can make, shaping a child’s future, identity, and lifelong relationships. While the process can be deeply rewarding, it can also feel complex, especially when it comes to understanding how contact with a child’s birth family should be approached post-adoption.
In England and Wales, post-adoption contact has traditionally been limited to indirect arrangements, such as occasional letters or updates. That position is evolving. The President of the Family Division, Sir Andrew McFarlane, and the Public Law Working Group have both emphasised the need for greater care, openness and support when considering contact. This does not mean direct contact will be appropriate in every case, but it does mean that each child’s relationships, identity and long-term welfare require thorough consideration before, during and after the adoption process.
Understanding how these changes may affect adoptive families, birth relatives, and professionals is key to making informed decisions with confidence. Felicity Drinkwater, Managing Associate Solicitor in our Childcare Department at Bromleys, explains the shifting legal landscape and what it means in practice, helping you approach post-adoption contact with clarity, reassurance, and the right support.
What does post-adoption contact mean?
Post-adoption contact means any arrangement that allows an adopted child to stay connected in some way with people who were important in their life before adoption.
This can include:
- Birth parents.
- Siblings.
- Grandparents.
- Extended family.
- Other significant individuals.
Contact may take different forms, such as:
- Letters or cards.
- Photographs.
- Emails or digital updates.
- Supported meetings.
- Planned face-to-face contact.
Contact is not appropriate in every case. The key point is that arrangements should always reflect the child’s individual circumstances rather than follow a standard approach.
The Public Law Working Group has called for a sea change in how contact is approached after adoption. It has highlighted that face-to-face contact should be actively considered where it may be safe and beneficial, rather than assuming indirect contact is the only realistic option.
Why is the approach to post-adoption contact changing?
The shift is being driven by a better understanding of adoption as a lifelong experience.
Adoption is not simply a legal order made at one point in time. For many adopted children, questions about identity, family history, belonging and early life can become more significant as they grow older.
Sir Andrew McFarlane has spoken about the need for adoption to adapt to the modern world.
In his view, contact should not be treated as an “add on” at the end of proceedings, but as part of the support that may help an adopted child through childhood, adolescence and adulthood.
This does not mean every child should have direct contact with birth relatives. Some children may need distance for their own emotional safety.
Others may benefit from knowing that birth family members are still part of their wider story, provided this is handled sensitively and safely.
The question is no longer simply whether contact should be allowed. The better question is: what form of connection, if any, is in this child’s best interests?
Does this mean birth parents have an automatic right to contact?
No There is no automatic right to post-adoption contact. This is one of the most important points for families to understand.
The court does have the power to make orders about contact after adoption under section 51A of the Adoption and Children Act 2002. However, that does not create an automatic right for birth parents or relatives to see an adopted child.
The child’s welfare remains central, and the court will look carefully at the evidence before making any decision.
The Court of Appeal has previously made clear that orders requiring adoptive parents to allow contact against their wishes will not be made lightly.
When deciding, the court will consider:
- The child’s safety and emotional needs.
- The views of adoptive parents.
- The role and circumstances of the birth family.
- The level of support available.
This is why early advice can be so important.
If you are a birth parent, adopter or family member and contact is becoming an issue, speaking to our specialist Childcare department can help you understand the adoption process and what evidence the court is likely to consider.
What did the Public Law Working Group recommend?
The Public Law Working Group’s adoption report made a number of important recommendations.
Key messages include:
- Avoid relying on default assumptions
- Consider a full range of contact options
- Plan contact earlier in proceedings
- Provide better support for everyone involved
Preparation is essential. Contact arrangements are more likely to succeed when:
- Expectations are clear
- Boundaries are understood
- The child is properly supported
Support for birth parents is also important, particularly where ongoing contact is being considered. Without guidance, even well-intentioned arrangements can break down.
The report also recommends greater consistency around access to adoption records and clearer national procedures, so adopted people and their families are not left facing different approaches depending on where they live.
How should contact be considered during adoption proceedings?
Contact should be considered early and in detail.
It should not be left as a last-minute issue or summarised briefly in a care plan.
Courts will expect evidence covering:
- The child’s key relationships
- Whether contact could be beneficial
- How arrangements would work in practice
This includes practical questions such as:
- Who will support the contact?
- Where will it take place?
- How will it be reviewed?
- What safeguards are needed?
This is particularly important because a contact plan that looks positive in principle may not work without proper support. Equally, contact should not be dismissed simply because it may require careful planning.
When might direct post-adoption contact not be appropriate?
Direct contact will not be right for every child.
There may be cases where contact would be unsafe, confusing, distressing or destabilising.
Some children may need time to settle securely with their adoptive family before any contact is reconsidered. In other cases, indirect contact may be more suitable, or no contact may be necessary for the child’s welfare.
The current direction of travel is not about replacing one blanket assumption with another.
It is about avoiding a default position. A child-centred approach means looking honestly at the benefits, risks and practical realities in each case.
Research and professional commentary have highlighted that good-quality contact can help some adopted children make sense of their life story and maintain important connections.
At the same time, wrongly planned or unsupported contact can cause harm. That balance is why careful legal and social work analysis remains essential.
What does this mean for parents, adopters and relatives?
For birth parents:
The changing approach may mean that contact is explored more fully than it might have been in the past.
This does not guarantee contact, but it does mean that the court and professionals should consider the issue properly and with evidence.
For adopters:
it may mean receiving more information, preparation and support around how contact can work in practice.
Many adopters understandably worry about whether contact could unsettle a child or make family life more difficult. Those concerns should be listened to carefully.
A good contact plan should support the adoptive family as well as the child.
For relatives:
Especially siblings and grandparents, it may mean that their role in the child’s life is considered more closely.
The child’s relationship with siblings can be especially important, although every case will still depend on welfare, safety and the child’s needs.
How can Bromleys help with post-adoption contact issues?
Post-adoption contact can be legally and emotionally complex. Families may be dealing with care proceedings, placement orders, adoption applications, sibling contact concerns, or uncertainty about whether an application to court is possible.
At Bromleys, our Childcare team can help you understand your options in clear, practical terms. We can explain how the court approaches contact, what evidence may be needed, and what steps may be available depending on your circumstances.
The developing approach to post-adoption contact reflects a wider recognition that adoption is a lifelong issue for children and families. Contact should never be treated as a box-ticking exercise. It should be considered carefully, sensitively and with the child’s welfare at the centre.
If you are worried about post-adoption contact, or you need advice about adoption proceedings involving a child in your family, call us on 0161 330 6821 or email bromleys@bromleys.co.uk to find out how we can support you.