Legal Update: Post-commencement adoptions

On 30 December 2005 the Adoption and Children Act 2002 came into force, and the first children adopted “post-commencement” are beginning to reach adulthood. They are the first adopted adults who will be looking for information about their adoptions under the framework established by the 2002 Act and the Disclosure of Adoption Information (Post-Commencement Adoptions) Regulations 2005. The delayed impact of the regulations and the reorganisation of adoption services into regional adoption agencies (RAAs) has meant confusion for practitioners and variation in practices across England.

Adoption support agencies have been offering intermediary services to adopted adults and their relatives for 15 years, and follow a fixed process set out in the Pre-Commencement Regulations. They are clear about from whom they can accept applications, how they should seek information and what they may or may not share. There are no regulations providing for intermediary services for post-commencement adoptions, and very little statutory guidance on what and how information can be disclosed.