Post-Adoption Contact Between Separated Siblings
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Isabelle James
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Adoption: facilitating post-adoption contact between separated siblings
Post-adoption contact between the child and their birth family is increasingly supported by family judges. This has been a move away from the previous position where most post-adoption contact took place indirectly through the exchange of letters.
Allowing contact, preserves and nurtures the future relationships between separated siblings and can support adopted people with an understanding of their life-story.
In a recent case, the court made an order for contact between two sets of twin siblings who had been adopted in different placements.
It was a finely balanced decision based on the children’s lifelong welfare.
Contact between adopted children
When siblings are placed for adoption, the court can make an order for contact under s26 Adoption and Children Act 2002, requiring the local authority to facilitate contact with the birth family.
When the court makes a final adoption order, it can then make an order under s51A of the same Act for contact with birth relatives. This power came into force in April 2014 and reflected the increasing move towards more openness in post-adoption contact arrangements – particularly between siblings placed with different adoptive parents.
Siblings who are placed for adoption are not always adopted within the same family for a range of factors. The availability of s26 and s51A orders provides a statutory mechanism for there to be an ongoing and enforceable contact arrangement for those siblings and other birth relatives.
What happened in this case?
Re C, D, E and F (ACA s51A: contact order after adoption) [2025] EWFC 436 (B) concerned four children, now aged 3 to 8. They had been seriously neglected by their parents and were taken into care in August 2022.
In March 2024, the judge made care and placement orders which included a s26 order for contact between the children at least twice a year. No contact with the parents or their two newborn siblings was ordered.
In August, the older two children were placed with adoptive parents; and in November, the younger two were placed with their adoptive parents. However, there was no direct contact between the children from August 2024 until 11 October 2025. The local authority did not adequately explain to the court its failure to ensure contact took place, and it emerged that none of the adoptive parents were even aware of the s26 order.
The issue at the final adoption hearing was whether a s51A order for direct contact between the siblings should be made. The birth parents (who were not permitted to oppose the adoption) argued that an order should be made. However, both sets of adopters were already agreed to make arrangements for future direct contact and felt that an order would remove the flexibility needed. The children’s guardian, whilst having concerns that the local authority had not implemented contact after the s26 order, considered that the adopters’ commitment to contact meant an order was not necessary
The judge decided to make a s51A order. This was on the basis that, on balance, it was necessary, proportionate and better for the children than no order at all. He made clear his intention was to support, not fetter, the adoptive parents as they were likely to need local authority support in “converting their shared goodwill into real-life relationship”.
The Judge considered, a s51A order would give the adopters leverage in accessing local authority support for the ongoing and future contact arrangements.
How we can help
If you are involved in a case in which adoption is being contemplated and you’re concerned about contact between child and birth family, our expert adoption solicitors can help. Contact the expert adoption lawyers at Osbornes Law by:
- completing our online enquiry form;
- or calling us on 020 7485 8811
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