Post-adoption contact with birth families – What’s changing? 

Historically, adoption in England and Wales was understood to involve a clear and final break between a child and their birth family. The prevailing view was that a child’s long-term welfare was best served by allowing them to settle into their adoptive family without ongoing involvement from their birth relatives. 

As a result, post-adoption contact was usually limited to indirect arrangements, most commonly the exchange of letters once or twice a year. These arrangements were often managed by the local authority or left to the discretion of adoptive parents, rather than being ordered or supervised by the court. Orders for direct, face-to-face contact were rare, and judges were generally reluctant to impose them once an Adoption Order had been made. 

Why attitudes are beginning to shift 

Over time, that approach has come under increasing scrutiny. Research and professional experience now recognise that adoption does not erase a child’s past or their connections to their birth family. For some children, carefully managed contact can play a positive role in helping them understand their identity, make sense of their life story, and process complex feelings about separation, loss or rejection. 

There is also a growing awareness of the realities of modern life. With the widespread use of social media and online platforms, adopted children may be able to locate birth relatives independently, sometimes at a young age and without the knowledge or support of their adoptive parents. Where contact arrangements have not been discussed openly or planned carefully, this can expose children to emotional or practical risks. 

Against this backdrop, there has been a gradual move towards greater openness in thinking about post-adoption contact. Courts and professionals are being encouraged to engage more actively with the question of whether some form of contact might serve a child’s welfare, rather than treating adoption as an automatic end point for family relationships. That said, this shift is cautious and far from universal, and the courts continue to approach the issue with care. 

What the courts have said 

Recent decisions from the Court of Appeal help illustrate both the changing tone of the debate and the limits of that change. 

In Re B, the court considered an application for post-adoption contact in circumstances where the adoptive parents did not support ongoing direct contact with members of the child’s birth family. The Court of Appeal accepted that professional thinking around post-adoption contact has evolved and that greater openness is now encouraged in appropriate cases. However, it firmly rejected the idea that this represents a general move towards imposed contact. 

The court emphasised that adoption is intended to provide children with security and stability, and that the views of adoptive parents are therefore highly significant. While each case must be considered on its own facts, the court made clear that it will remain exceptional for judges to order direct contact against the wishes of adopters. The decision reinforces the message that openness to contact does not equate to a presumption in favour of it. 

In R and C, the Court of Appeal focused on timing rather than outcome. The court stressed that decisions about post-adoption contact should be addressed as early as possible, ideally at the point when a Placement Order is made. The reasoning behind this approach is that prospective adopters should have a clear understanding of any proposed contact arrangements before they decide to proceed with adoption. 

By addressing contact early, the court aims to avoid uncertainty and conflict later on, once a child has settled into an adoptive placement. The case highlights the importance of transparency and careful planning, and serves as a reminder that contact should not be treated as an afterthought once adoption proceedings are well advanced. 

The legal framework for post-adoption contact 

The Adoption and Children Act 2002 provides the legal basis for applications for post-adoption contact. Birth parents, and in some circumstances other relatives such as grandparents, may apply to the court for permission to seek contact following the making of an Adoption Order. 

The court retains full discretion and will only make an order where it considers that contact would promote the child’s welfare throughout their life. There is no automatic entitlement to post-adoption contact, and the court will carefully balance the potential benefits of maintaining a relationship with birth family members against the need to preserve the security and integrity of the adoptive placement. 

Importantly, the court is required to consider contact arrangements both before making a Placement Order and again before granting an Adoption Order. This reflects the growing recognition that contact is an integral part of adoption planning, rather than a peripheral issue to be dealt with later. 

How decisions are made in practice 

In reality, decisions about post-adoption contact are highly fact-specific. The court will consider a range of factors, including the child’s age and needs, the nature of their existing relationships, the wishes and feelings of those involved, and the likely impact of contact on the child’s sense of stability and belonging within their adoptive family. 

While the courts are more open to discussing contact than they once were, it remains a high-threshold issue. Direct contact will not be ordered simply because a birth relative wishes it, or because contact might be beneficial in theory. The central question will always be whether contact can be managed safely and positively, and whether it supports the child’s long-term welfare rather than undermining it. 

How Coodes can help 

Questions about post-adoption contact are often emotionally charged and legally complex. Birth parents and extended family members may struggle to understand whether an application is realistic, while adoptive parents may feel anxious about how contact proposals could affect their family life. 

At Coodes, we have extensive experience advising families at all stages of the adoption process, including issues around post-adoption contact. We can help you understand the legal framework, assess the strengths and risks of an application, and guide you through what can be a sensitive and challenging process. Our approach is always grounded in clear advice and a focus on the child’s welfare, while recognising the very real emotions involved for everyone concerned. 

About the Author: Joanne Ellaway is a qualified Family Law solicitor who joined the firm in July 2023, bringing over 15 years of experience as a Local Authority solicitor. She specializes in Public Law Children Matters, representing parents, grandparents, and family members in complex cases involving care proceedings, domestic abuse, and adoption. 

Get in touch: joanne.ellaway@coodes.co.uk 01872 246 203