Historical context
Do I have to produce evidence of who I am and my relationship?
Why did the law change enabling adopted people and birth relatives to apply for an intermediary service?
A number of things have influenced the change in the legislation (Adoption and Children Act 2002) that enabled the provision to be made give birth relatives and adopted people the right to apply for intermediary services
A previous change in the law that happened in 1975 gave all adopted adults the right to apply for a copy of their original birth certificate and information about which agencies might have been involved in their adoption. This meant that they had the opportunity to receive information about their background and search for birth relatives if they so wished. Opening the adoption records for adopted people provided a greater understanding of the lifelong issues of adoption and how they affect adopted people and birth relatives.
It was through the provision of intermediary services for adopted people that adoption workers learned so much more about the views and feelings of birth parents and other birth relatives. Many birth relatives, particularly birth mothers, have spoken out about their need to know what has happened to their child who was adopted.
Since the early 1990s, certain adoption agencies have actively responded by extending their services to include enquiries from birth mothers and other birth relatives. Although birth relatives did not have a comparable right to information as the adopted person, agencies were willing to initiate enquiries on their behalf. However, the availability of services was inconsistent throughout England and Wales so the law was changed to make sure that, no matter where a person lives or whatever agency arranged the adoption, they will be able to access an intermediary service.
Even people involved in what were called ‘private’ or third-party adoptions without any agency making the arrangement (e.g. where a doctor, vicar or nurse suggested the link between the child and the adoptive parents) will be able to be provided with an intermediary service.
A study first published by The Children’s Society (Howe and Feast, 2000, republished by BAAF in 2004) also provided information about how non-searching adopted people felt about being contacted by an adoption agency on behalf of a birth relative. The research showed that the majority of adopted people thought that it was right for them to be told about a birth relative’s enquiry, so they could make up their own minds about how they wanted to respond. Ninety per cent of the adopted people who were approached went on to have some form of contact with the birth relative. Eighty percent said that the contact had helped to answer important questions and they were pleased to have had the opportunity to be in touch with a birth relative.
What is an intermediary?
An intermediary is an individual, a person or an organisation that acts as a go-between for two or more people. In relation to adoption, an intermediary service usually means the role played by an agency (referred to as an Intermediary Service Agency) when a request is received from an adopted person or their birth relative to approach the other party. This can be with a view to passing on or requesting information and may lead to indirect or direct contact.
Unlike adopted people, birth relatives cannot access identifying information from the records available to enable them to undertake their own search. When it is a birth relative of an adopted person who is requesting an intermediary service, the intermediary agency is not allowed to give the birth relative any information that will or might identify the adopted person. The intermediary agency however can use the information to locate the adopted person and make an approach to establish if the adopted person is willing to agree to the birth relative having some information about them or to have indirect or direct contact.
What does the law say?
Since the 30 December 2005, birth relatives of an adopted adult have had the legal right to request an intermediary service via a registered adoption support agency to let the adopted relative know of their wish for contact. This also applies to adopted people who wish to make contact with a birth relative. The applicant and the subject must be 18 years and older before an application for an intermediary service can be provided (The Adoption and Children Act 2002 (England and Wales), section 98). Priority should be given to cases where the adoption order was made on or before 12 November 1975.
There is no statutory requirement for local authorities and adoption agencies to provide an intermediary service. Over the years intermediary services for birth relatives and adopted people has significantly diminished due to lack of resources and funding. In situations where the adoption agency you approach does not provide intermediary services it should signpost you to an agency that can. The agency holding adoption records must provide information to the agency providing an intermediary service.
In 2014 the law was altered to extend intermediary services to other people who are related to the adopted person such as descendants or as a result of an adoption order being made, for example, siblings in the adoptive family.
So, who is a birth relative?
In the Adoption and Children Act 2002, the definition of a birth relative was any person who is related to the adopted person by blood, including half blood, marriage or civil partnership, but this did not include descendants However, in 2014 the regulations were amended to include people with a prescribed relationship which included descendants and people who were ‘related’ to an adopted person through an adoption order being made, such as sibling in the adoptive family.
To clarify there are three of people who come within the definition:
- Direct descendants of an adopted person – for example, children, grandchildren and great grandchildren who may wish to know about their adopted parent’s or grandparent’s history and reasons for their adoption and, potentially, to be in contact with the birth relatives of the adopted person.
- A spouse or civil partner of an adopted person who may have a reason to contact, for example, birth relatives of their partner who was adopted.
- A group of persons ‘related’ through the adoption order – for example, a sibling of an adopted person (who may or may not also have been adopted). This definition also includes an adoptive parent wanting to trace birth relatives of their adopted child.
Do I have to produce evidence of who I am and my relationship?
Yes. The agency that is working with you will need to verify your identity and relationship to the adopted person you are seeking and to confirm that you are a birth relative. They will ask to see documentation such as a copy of the birth and marriage certificates. This can be particularly difficult for fathers who are not named on the adopted person’s birth certificate or even in the adoption agency records. If you do not know the agency that arranged the adoption of your son or daughter or if the adoption was arranged privately (see above), Adoption Support Agencies should be able to offer advice.
