Adoption and Children Act 2002 and Its Impact on Adoption Tracing

On 30 December 2005, Section 98 of the AdoptionContact Register is a government resource that
and Children Act 2002 came into force in England andcontains the contact information of adopted adults
Wales, giving birth relatives of adopted persons theand birth relatives who would like to reconnect with
legal right to use intermediary services to locate andone another. It also contains information about which
attempt contact with their adopted relatives.specific birth relatives an adopted adult is willing to
According to the Act, birth relatives include the birthhave contact with, if certain individuals are specified.
parents, grandparents, brothers, sisters, uncles, andIt is important to note that both an adopted adult
aunts of adopted persons. Section 98 also givesand a birth relative must consent to being contacted
adopted adults the legal right to use intermediaryfor the exchange of information to occur. An
services to locate and attempt contact with theirintermediary agency will only release identifying
birth relatives.information about an individual if that person has
Until the early 1970s, many unmarried mothers wereconsented to such a release.
forced by their families to place their children forIf an adopted adult does not want to be contacted
adoption against their wishes. Section 98 gives theseby birth relatives, he or she can register a veto with
women and their relatives the opportunity to tracethe Adoption Contact Register. The adopted person
their adopted family members and find out what hasalso can register the veto with the appropriate
happened to them since the adoptions took place. Itadoption agency, which must keep the veto on
also works the other way, enabling adopted adults torecord. This way, if an intermediary agency ever
locate and learn about their birth families. In bothcontacts the adoption agency about that adopted
cases, the tool for tracing relatives is intermediaryindividual, the adoption agency can explain the
services.conditions of the veto. A qualified veto allows an
Intermediary services can be provided by registeredintermediary agency to approach the adopted person
adoption agencies and registered adoption supportonly on behalf of a specific birth relative or only
agencies. Such agencies investigate the identities andunder specific circumstances. An absolute veto, on
locations of sought-after family members and thenthe other hand, does not allow the intermediary
approach the found individuals to determine if theyagency to approach the adopted person under any
would like to have contact with the relatives whocircumstances. An adopted adult can modify or
initiated the searches.revoke his or her veto at any time.
The first step an intermediary agency takes when itOnce an intermediary agency succeeds in matching a
receives an application for intermediary service is tobirth relative with an adopted adult, the agency acts
verify that both the birth relative and the adoptedas a liaison to exchange the information between the
person are 18 years old or older. It then must obtainparties. From there, the reunited individuals can
information about the adopted adult and thechoose how they would like to proceed with their
circumstances of the adoption from a variety ofcontact and possible reunion.
official sources, including the adoption agency thatIndividuals who were separated by adoption and later
performed the adoption (or the agency that has thereunited through an intermediary agency may want
adoption records), the Registrar General, and theto consider having a DNA test performed to confirm
involved courts. Additionally, the agency musttheir biological relatedness. A variety of genetic
determine how the adopted adult, the adoptivetests--from maternity and paternity tests to
parents, and any other interested parties feel aboutsiblingship studies and grandparentage tests--are
being approached by the intermediary agency (i.e.,available today to help people answer questions
Are they interested in being found, or are they willingabout their family relationships. After waiting so many
to establish contact with the birth relatives?).years to find one another, adopted persons and their
Once it has collected all this information, thebirth relatives may be able to find the peace of mind
intermediary agency must record it with thethey've been looking for with the aid of intermediary
appropriate adoption agency or the Registrarservices and DNA tests.
General's Adoption Contact Register. The Adoption