Those adopted before 1976 were also given this right but were required to submit to a course of counselling. The social work evidence comprised “what can only be described as psychobabble…In short it voiced opinions which neither Ms Wilkinson nor Ms Alsop are qualified to make.” It was at odds with the expert evidence and unsupported by evidence from those on the ground. The judgment of Russell J is on appeal, and the order stayed, so little W remains with the adoptive family for the time being. It isn’t explicit but there seems to be an inference that he was irresponsible in having a sexual relationship with his wife that resulted in the birth of W. This may be so, but not grounds for the removal of the child surely. I am confident that I will win at the hearing, but am concerned that the judge will deem it detrimental to my daughter’s mental health [edited] to uproot her again. If a birth parent is going to contest an adoption, it's important that he provide an alternative course in his contest. It will remain rare that children are returned to biological parents, but that will give hope to many more parents. I’d be really surprised if the LA dared to appeal ……and the CG is clearly incompetent, and so won’t be instructing lawyer for child to appeal. International and UK law make it clear that placing a child for adoption without the agreement of each parent can only be done if the child’s welfare requires the child to be adopted and the parents’ consent to be dispensed with (Adoption and Children Act 2002 section 52, UN Convention on the Rights of the Child, Human Rights Convention ‘right to family life’). Generally speaking, most states will not allow birth parents to make any sort of contest past a single year after the child was placed. There is a separate short passage at the end of the judgment, headed “Sibling relationships and the children’s wishes and feelings”. Adoption, like childbirth, is a life-changing event in your life. This site uses Akismet to reduce spam. However I think the decision to remove the child from the adoptive parents is wholly wrong. She is about to make a 5th move before she is three. It is unheard of for the adoption order to be refused and for the child to be returned to the care of the parents whose parenting had been the source of concern in the first place. Contested adoption – Return of a child to parents. It is rare for parents to be given leave to oppose an adoption application and thus for adoption applications to be opposed at all. As a judgement there is no analysis or balancing of the competing arguments, which ought to be a prelude to making criticisms, rather it seems to be a rant by Dame Alison against the LA and G. It seems to dismiss them stridently as either malicious or incompetent, but it it not clear what their argument actually is. Re W (Adoption- Reunification) [2015] EWHC 2039 (Fam) (22 July 2015), Re H (Children) [2015] EWCA Civ 583 (11 June 2015), A and B v Rotherham MBC [2014] EWFC 47 Fam, Those who are unable to pay for legal assistance are suffering in a way that Parliament cannot have intended. Social policy and legislation prioritised the rights of adopters to privacy about the fact of their child’s adoption over the needs of the child and their birth parents. Who knows what the child might thing when she is 12/13/14 – she may think she was glad she was adopted and wasn’t left to live with her father and siblings. It's important that, if a birth parent's case is to be taken seriously, the parent put forth a reason she is contesting the adoption as the birth parent. 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