Forced adoption is a term used by critics of the practice of removing children permanently from their parents and the subsequent adoption of those children, following intervention by the local education authority in the United Kingdom. British Member of Parliament John Hemming estimates that "over 1000" of the 1,360 adoptions carried out without the parents' consent in 2010 may have been undertaken "wrongly".[1] Martin Narey, ministerial adviser on adoption and former chief executive of Barnardo's, disagreed, stating, "Overwhelmingly in all the cases that I have looked at, in all the research I have read I don't think there's anything to suggest that a significant proportion of those are inappropriate".[1]
The government of the United Kingdom states that children are only removed and adopted out without parental consent when it is in the child's best interests to do so. There is a legal process that must be followed and the decision ultimately rests with a judge who must decide the evidence against the parents on the balance of probabilities. Legislation requires that children are only removed from their parents if they have suffered, or are at risk of suffering, significant harm or neglect. Critics have objected that the term 'risk of significant harm' is undefined, giving social workers too much leeway to remove children. Julie Haines, of the pressure group Justice for Families, stated in 2012 that "Parliament has given the courts free reign [sic] to define the term 'significant harm' within case law authorities and has not deemed it necessary to provide a definitive meaning within the Children Act 1989. There is no check list of harm, no clues as to what the courts could be looking for."[2] Concern has also been raised over the provisions of the Children and Families Bill, which sets out plans to speed up adoption and care proceedings.[3]
Contents
Criticism
National politicians
The practice of "forced adoption" has drawn significant criticism from various quarters, such as from MP John Hemming and the press,[4] with parallels drawn between the current policy of the UK Government and those of the policy of forced adoption in Australia in the 20th Century.[5][6] Lord Justice Aikens described the practice as being more suited to "Stalin's Russia or Mao's China than the West of England".[7]
International
The practice has drawn international criticism, with the Slovakian government, Nigerian parliament and the French High Commissioner raising their concerns.[which?][8] Apart from Croatia, and perhaps Portugal, the UK is the only country in the European Union that practises forced adoption. [9]
The government of Slovakia has threatened to take a case to the European Court of Human Rights, after the children of a Slovakian couple resident in the UK was taken into care following concerns about one of the children's injuries. The children were adopted in the UK, but the Slovakian government had favoured placing the children with a grandmother in Slovakia.[10]
Affected families
Many families affected by the policy have spoken out against the practice, and 100 families are planning[when?] to take the UK Government to the International Criminal Court in The Hague for the practice, arguing that their human rights have been breached.[11]
Protests have taken place against the practice,[12] and in recent[when?] years a large and growing number of families impacted by the policy have began to organise against the perceived injustice, often utilizing mass-communications tools such as social media.[13] In many cases Local Authorities do not give advance notice of their plan to take custody, sometimes removing babies from their mothers shortly after birth.[14] Some families have left the United Kingdom to avoid having their children removed; some are aided by advocacy groups which assist parents at risk of losing custody to travel to countries such as Ireland and France.[13]
Procedural concerns
Critics state there are financial incentives for Local Authorities to secure adoptions, due to increased funding for social services units that effectively place a greater number of children with adopted families.[15] At times great amounts of money are expended on individual cases; Norfolk County Council social workers flew to France and removed a French-born child of British parents and took her to the UK to be forcibly adopted. The Local authority was later forced to return the child after a High Court judge deemed the social workers actions to be illegal as the child had been born in France and was out of their jurisdiction.[16] In a similar case, a child was born in Spain but subsequently removed from the British parents by a South Wales Local Authority. The child was then flown into the UK, despite not having a passport. On this occasion, a different High Court judge questionably ruled that the Local Authority did have jurisdiction and that the actions of the Local Authority had been legal despite this being the first time the child had ever been inside the UK.[17]
Once a child is placed for adoption the child and parents have no recourse open to them to reverse the process, even when evidence comes to light that shows that the reasons for the adoption were flawed.[18] Families affected by the practice may be prohibited by court order from publicly discussing their case.[19]
Concerns have been raised[by whom?] that children from lower income families are being targeted for adoption. Over 90% of children forcibly adopted come from families that live below the poverty line who are then placed with middle class families, despite counterarguments that child abuse and neglect is not a class issue.[3]
Support
In the defence of the policy of forced adoption the UK Government states that it is putting the interests of the children first and wants to ensure that children are placed in a new home as soon as possible. Conservative MP and Education Secretary Michael Gove, who was himself adopted as a baby, is a staunch defender of the policy. Although criticisms of his approach have been raised by a special committee of peers chaired by Britain’s most senior authority on family law, Baroness Butler-Sloss, the former president of the High Court Family Division. Peers were worried that the focus on adoption could break up families unnecessarily. [20]
Former judge Alan Goldsack QC has also praised the policy calling for the UK Government to go further and to forcibly remove children from 'criminal families' at birth and to place them for adoption. His remarks have been strongly criticised and he has been accused of "criminalising babies". [21]
References
- ^ a b "BBC News - MP claims 1,000 children 'wrongly' adopted every year". Bbc. 2011-12-13. Retrieved 2013-06-08.
- ^ "The Child Protection System in England (11th June 2012)". Publications.parliament.uk. Retrieved 2013-06-10.
- ^ a b "Forced Adoption: The demonization of parents in care proceedings | Independent Editor's choice Blogs". London: Blogs.independent.co.uk. 2012-08-08. Retrieved 2013-06-10.
- ^ Martin, Iain. "Christopher Booker". London: Telegraph. Retrieved 2013-06-08.
- ^ "Cathy Ashley: UK Adoption Reform: The Dangers of Repeating Australia's Shame". Huffingtonpost.co.uk. Retrieved 2013-06-08.
- ^ Booker, Christopher (2013-03-23). "Australia’s scandal of forced adoption is happening here in Britain". London: Telegraph. Retrieved 2013-06-10.
- ^ Laura Clark and Paul Bentley (2010-04-13). "Glimmer of hope for parents as court halts 'forced adoption' of their 18-month-old daughter | Mail Online". London: Dailymail.co.uk. Retrieved 2013-06-10.
- ^ http://www.publications.parliament.uk/pa/cm201213/cmselect/cmeduc/137/137ii.pdf
- ^ "The Child Protection System in England (15th November 2011)". Publications.parliament.uk. Retrieved 2013-06-10.
- ^ Booker, Christopher (2012-09-15). "Foreign government may take UK to European court over its 'illegal’ child-snatching". London: Telegraph. Retrieved 2013-06-08.
- ^ Lefort, Rebecca (2010-06-19). "Mother whose children were taken for adoption joins class action". London: Telegraph. Retrieved 2013-06-08.
- ^ Booker, Christopher (2012-10-27). "Indians join Slovaks in protesting against UK child snatchers". London: Telegraph. Retrieved 2013-06-08.
- ^ a b "Revealed: the networks helping families flee social services - Channel 4 News". Channel4.com. 2012-07-20. Retrieved 2013-06-08.
- ^ "VIDEO: S Yorks baby taken into care as mum was in labour - Local". The Star. 2013-03-06. Retrieved 2013-06-08.
- ^ "How social services are paid bonuses to snatch babies for adoption". London: Mail Online. 2008-01-31. Retrieved 2013-06-08.
- ^ Sue Reid (2012-08-01). "Social workers followed me to France to snatch my baby". London: Mail Online. Retrieved 2013-06-08.
- ^ Booker, Christopher (2012-11-03). "Judge approves seizing a baby born abroad, against EU law". The Daily Telegraph (London).
- ^ "Delight for 'child abuse' couple as judge rules they can take son home for the first time". London: Mail Online. 2006-11-03. Retrieved 2013-06-08.
- ^ Booker, Christopher (2011-04-16). "A mother is threatened with imprisonment for talking to her MP". London: Telegraph. Retrieved 2013-06-08.
- ^ John Bingham (2013-03-06). "Adoption push could break up families unnecessarily, peers warn". London: Telegraph. Retrieved 2013-06-08.
- ^ Midena, Kate (2013-05-27). "Alan Goldsack QC wants children removed from criminals at birth". News.com.au. Retrieved 2013-06-08.