The Parent s Guide to Forced Adoption

Transcription

1 The Parent s Guide to Forced Adoption Page 1 A publication of Linder Myers

2 Contents Page Introduction: Forced Adoption 3 Why has my child been adopted? 4 How long will my child be adopted for? 5 Can I appeal? 6 Can I have contact? 7 Will I be given support? 8 FAQ 9 Summary: Forced Adoption 10 Want advice? 11 Page 2

3 Introduction: Forced Adoption Having a child be placed in adoption or care, without parental consent, is one of the most painful events that a parent or child can endure. In the majority of adoptions, the biological parent(s) legally relinquishes parental responsibility of the child. Compulsory adoptions, however, take place despite of the parents express wishes. This process, also known as state adoption, is only legally practiced in two EU countries: the UK and Croatia. For this reason, there is often a significant amount of confusion and misconception surrounding compulsory adoption. For example, some parents wrongly believe that having their child taken into care will directly result in adoption. Furthermore, there is also a popular fallacy that social services use compulsory adoption as a means to separate families without any just cause. For parents who have had their children taken away without explicit consent, there are a number of issues and concerns which could potentially arise. Some of the most common questions include: Why has my child been placed for adoption? How long will the adoption last? Can I appeal? Can I have access? Will I be given support? With this in mind, it is the purpose of this report to answer these questions in the simplest manner possible. These concerns can make a stressful situation even more difficult - especially for parents who are new to the UK and from other EU countries. Page 3

4 Why has my child been placed for adoption? From a social services perspective, forced adoption is the absolute last resort for ensuring the well-being and safety of a child. Legally, there are only two scenarios in which a court order can be obtained to remove a child from his/her family. These are: When the child is deemed to be at serious risk When the parent(s) is incapable of giving consent to adoption e.g. a parent with a disability For this reason, any child which falls under these criteria can be legally removed from a household. It is absolutely vital to note, however, that there is a strict difference between care proceedings and adoption proceedings. A number of processes must be complete before a child can be legally adopted. In this respect, parents should not believe that having their child taken into care will directly result in adoption. According to the Children and Families Act 2014, a child cannot be involved in care proceedings for more than 26 weeks before a final decision is made. However, this period can be extended if the court deems necessary. As with any care proceedings, the well-being of the child is prioritised above all other factors. The parents will be given the opportunity to contribute their input and determine the future outcome of the minor. Following these events, the judge might deem that it is not beneficial for the child to be placed with another family. In terms of forced adoption, one of the most common misconceptions is that social services will deliberately remove child from their home, purely for the sake of achieving annual Government targets. This is simply not true. In fact, according to a recent survey, the number of forced adoptions has actually decreased 1.9% between 2009 and O n e o f t h e r e a s o n s f o r t h i s misunderstanding is due to a series of high profile media scandals relating to forced adoption by the social services - such as the case of Alessandra Pacchieri. Although these events were undoubtedly troubling, they are in the minority and do not reflect a supposed culture of targeted adoptions by the social services. For parents who are entering care proceedings with their child, it is important to remember that adoption will only be the absolute last resort. In the past 5 years, forced adoption rates have actually decreased. Furthermore, social services do not benefit, financially or bureaucratically, from taking children into permanent care. Page 4

5 Linder Myers, Family Law Experts How long will the adoption last? In the UK, adoptions require the parent to sever legal ties with the child. This mealinder MERns that the parent is no longer responsible for ensuring the welfare and security of the minor. In the interests of the child, adoption is generally a permanent agreement and cannot be reversed once the child has been placed with a new guardian. The reason for this is to ensure continuity and security for the child. For example, if a minor has been placed with a new family for several years, then returns to his/her biological parents, there is a chance that the child will suffer both emotionally and psychologically. process, or your rights as a parent, then Citizens Advice Bureau can also provide you with any additional information. The agency who have arranged the adoption will also be able to assist you accordingly. However, in response to the permanent nature of adoption, there is a minority of parents who have chosen to flee the UK rather than facing giving their child up for adoption. This phenomenon became widely apparent in January 2014, following a BBC Panorama interview with John Hemming MP. Mr Hemming, much to the condemnation of social services, advised all parents of forced adoptions to leave Britain before any finalisations are made. However, in some scenarios, it is possible for an open adoption to take place. This allows the parents to meet with the child and maintain contact. Although open adoptions are rare, a judge can consider this option if it is in the interest of both the child and parent(s). If you are ever in doubt about the adoption Both Government and social services strongly advice against this action. Not only does this cause unnecessary stress, but it can also potentially result in further legal action in the future. Adoption, without explicit consent, is one of the most difficult situations that any parent can endure. Nevertheless, there is a wide body of support dedicated to helping parents who undergo forced adoption. This support can be obtained through social services and the Citizens Advice Bureau. Page 5

6 Can I appeal? If your child has been taken into care or adoption, it is possible to appeal this decision. The family court is a specialist court dedicated to dealing with a variety of legal issues regarding children, parents, and relatives. Given the sensitive nature of these proceedings, any information which is given in a family court is entirely confidential. This is not to protect any secrets, or avoid legal transparency, but to ensure that children are protected from any sensitive information leaking into the public domain. Making an appeal against a court decision can be a long process, but is a common option for parents who believe they have been a victim of injustice. It is also within the right of parents to request an appeal if they believe not all evidence has been thoroughly examined. In conjunction with the family court, parents can also challenge a forced adoption in the Court of Appeal. This will also be a lengthy process, but a common avenue in cases of state adoption. For families on a low income, it is possible to gain free legal advice and representation through legal aid. The Legal Aid Agency (LAA), who are employed by Government, can grant legal aid for representation. In this respect, any parent who has u n d e rgone c h i l d c a re o r a d o p t i o n proceedings has the right to request an appeal against a court decision. Page 6

7 Can my child be fostered instead? As already stated, adoption is the process by which a parent(s) passes over legal responsibility of a child to a guardian. In doing so, the child will gain a new surname and live permanently with his/her appointed guardian. Fostering, on the other hand, is only a semipermanent solution. A child can live with a foster family for an indefinite period of time - anywhere between one month and several years. In this respect, fostering can seem like a very attractive option for parents who have unwillingly had to give up the care of their child. Whilst this might seem like a good idea, fostering is generally considered to be an unsuitable longterm solution for older children. The average age of a child who is adopted in the UK is currently 3 years and 8 months. At this life stage, it can be deeply confusing for a young person to live with different families and not experience consistency. In order to ensure that you have the best possible chances of keeping your child, it is advisable that parents work together with social services t o r e a c h a g o o d understanding. It is normal for parents to feel worried, confused, and angry during adoption and care proceedings. However, f r e q u e n t c o n t a c t a n d e x c e l l e n t communication can help parents to better put forward their case. This in turn helps to increase the likelihood that a child will not be taken into permanent care. Page 7

8 Can I have access to my child? Following the introduction of the Children and Families Act 2014, it will be possible for birth parents to have contact after the adoption order has been confirmed. Although contact cannot be guaranteed, this is a hopeful development for many parents who have been involved in forced adoptions. Nevertheless, there are also potential downsides associated with close contact between biological parents and adopted children. Here is a summary of the main advantages and disadvantages associated with contact after adoption. Advantages: Gives reassurance and peace of mind to biological parents Allows children to maintain a loving relationship with birth family Gives children a sense of belonging to both family units Helps the child have a clearer sense of identity and avoid any difficult questions in the future Disadvantages: Prolonged contact could cause emotional upheaval and confusion to the child There is the chance that both family units could feud; resulting in a breakdown of relationships Some biological parents are unable to maintain longterm contact, causing emotional harm and distress for everyone involved With this in mind, there are serious considerations that both parents and adopters should bear in mind before contact is firmly established. If families wish to press ahead with communication between biological parents and an adopted child, an arrangement can be made within a legal context by the judge. Each case is unique, therefore it is likely that every family unit will require their own unique support and guidance. Page 8

9 FAQ 1. Why does the UK practice forced adoption? Forced adoption can only occur when the child is deemed at risk or the parent is incapable of making an informed decision. The law is intended to protect vulnerable children. 2. The UK is not my native country: should I be worried about state adoption? No. Adoption only occurs in the most extreme circumstances and is generally considered to be the last option for families. 3. Do social services have a forced adoption target? No. There is no such requirement for social workers to remove a set number of children from families in the UK. 4. How will I pay for my legal fees? All parents who are undergoing the forced adoption process are entitled to free legal advice and representation in court. This is possible through legal aid. Page 9

10 Summary: Compulsory Adoption For parents who unwillingly enter care proceedings with their children, there are few scenarios more upsetting or stressful. Parents can also have a number of questions relating to the adoption process; ranging from issues relating to the law, to queries about access and appeals. By directly addressing these concerns, parents can help to decrease the likelihood of their child being taken into care or adoption. Overall, this report has aimed to examine some of the most pressing concerns from the perspective of the parents. Here is a s u m m a r y o f t h e m o s t i m p o r t a n t considerations: Forced adoption will only occur if the child is (1) deemed to be at serious risk or (2) the parent is mentally incapable of making an informed decision. There is a significant difference between c a re p ro c e e d i n g s a n d a d o p t i o n proceedings ; having a child go into care does not mean always mean he/she will be adopted Social services do not have an annual quota of children that they must enter into care All parents have the right to launch an appeal against a court decision Legal Aid (LA) can also offer financial support to families who cannot afford their own representation Child access might be granted in exceptional circumstances In more general terms, one of the best pieces of advice available to parents is to work together with social services and reach a decision which is best for the child. Forced adoption is an incredibly difficult situation, for both the parents and the child, but there are certain steps which can make the process easier. This includes: Finding the right advice (e.g. Citizens Advice) Listening to the guidance of your lawyer Putting feelings of anger aside Working together with social services to reach a mutual understanding Prioritising the needs of the child above everything else For parents who are still worried, however, it is vital to note that courts will only choose adoption as the absolute last case resort. There is no incentive for social services to remove a child from a family without a significant body of evidence. For this reason, parents should speak directly with child protection services and maintain frequent communication. Page 10

11 Want advice? Linder Myers are family law experts; specialising in cases of forced adoption and child care matters. If you have any further questions, or would like additional support, please contact Tony Broadley: Phone: Alternatively, you can also visit us: Phoenix House 45 Cross Street Manchester M2 4JF Page 11