Re B (A Child) (Post-Adoption Contact) [2019]

1. Facts:

• Background: The case involved a child who had been placed for adoption. The issue was whether there should be any form of contact between the child and their birth parents post-adoption.

• Initial Decision: The court decided that no contact should be established between the child and the birth parents. The birth parents sought to change this decision and have contact arrangements made.

• Appeal: The birth parents appealed the decision. The Court of Appeal upheld the original ruling, reinforcing the decision to not permit contact at that time.

2. Outcome:

• Court of Appeal Decision: The Court of Appeal upheld the decision that no contact should be arranged between the child and the birth parents. The emphasis was placed on the views of the adoptive parents, who were currently opposed to any contact but open to reconsidering in the future.

• Sir Andrew McFarlane’s Remarks: Sir Andrew McFarlane noted that Section 51A of the Adoption and Children Act 2002 did not suggest a change in the approach to imposing contact orders, particularly in cases where adoptive parents were unwilling to accept such orders. The law remains that it is "extremely unusual" to impose contact orders against the wishes of adopters.

3. Impact and Analysis:

• Adopter’s Views: The ruling emphasised the importance of the adoptive parents' views in decisions regarding post-adoption contact. The adopters' current opposition to contact played a significant role in the court's decision, though they were open to the possibility of future contact.

• Legal Precedent: The decision reinforced the principle that post-adoption contact orders are "extremely unusual," particularly when adopters are opposed. This reflects a broader judicial reluctance to impose contact arrangements that could disrupt the stability of the adopted child's new home.

• Future Openness: While the court acknowledged the potential for future reconsideration of contact, the decision underscored the present focus on maintaining stability in the child’s adoptive environment. The notion of "openness" for potential future contact was noted but did not alter the immediate ruling.

• Section 51A Consideration: Sir Andrew McFarlane’s comments clarified that Section 51A of the Adoption and Children Act 2002 does not necessitate a shift in the approach to post-adoption contact orders, particularly when adopters are opposed. The emphasis remains on the stability and welfare of the adopted child.

• Welfare of the Child: The case illustrated the court’s approach in balancing the child's welfare with the interests of the adoptive parents, reaffirming that the stability of the adoptive placement is paramount and that contact orders are unlikely to be imposed if they conflict with the adopters' wishes.