Post-Adoption Contact

Childcare Solicitor, Imogen Ford, explains post-adoption contact, including the Section 26 Order and who it applies to.

What is a Section 26 Order?

A Section 26 Order is an order for somebody to spend time with a child when a Placement Order has been made.

Under Section 26 of the Adoption and Children Act 2002 - the court may make an order requiring the person with whom the child lives, or is to live, to allow the child to visit or stay with the person named in the order, or for the person named in the order and the child to have contact with each other.

Who can apply for a Section 26 Order? 

An application for an order under Section 26 of the Adoption and Children Act 2002 can be made by the following:

• The child or adoption agency
• Any parent, guardian or relative
• Any person who had a Child Arrangements Order or order under Section 34 Children act 1989 – now ceased by virtue of Section 26
• If a Child Arrangements Order was in force immediately before the adoption agency was authorised to place the child for adoption or the adoption agency placed the child for adoption at a time when he or she was less than 6 weeks old, any person named in the order as whom the child was to live with
• A person who had care of the child immediately before that time by virtue of an order made in the exercise of the High Court’s inherent jurisdiction with respect to the children
• Any person who has obtained the court’s leave to make the application

Alternatively, the court can make an order under Section 26 without any application being made. 

How long will a Section 26 Order last?

An order under Section 26 will remain whilst the adoption agency is authorised to place the child for adoption and can be varied or revoked by the court on an application on behalf of the child, by the adoption agency or by a person named in the Section 26 order. 

An adoption agency can refuse to allow the contact ordered under Section 26 if it is satisfied that it is necessary to do so in order to safeguard or promote the child’s welfare and the refusal is decided upon as a matter of urgency and does not last for more than 7 days. 

How does the court decide whether to make a Section 26 order?

In making an order under the Adoption and Children Act 2002 the court is obliged to have regard to the relationship which the child has with relatives”, including “(i) the likelihood of any such relationship continuing and the value to the child of its doing so” and “(iii) the wishes and feelings of any of the child’s relatives, or of any such person, regarding the child”. 

Get in touch with our Family Law Team

If you would like to discuss post-adoption contact or have any queries regarding a Section 26 order, our family law solicitors are here to help. Call us on 01429 235 616 or email enquiries@tmjlegal.co.uk and one of the team will get back to you.