Explore the timeline of adoption

First attempt to introduce a legal framework for the adoption of children in England and Wales

The Infant Life Protection Act was introduced in response to widespread scandals of ‘baby farming’, whereby a single mother placed a baby for informal adoption for a fixed fee by a third party with no expectation of further contact. It became apparent that some ‘adoptive parents’ had taken in numerous infants, many of whom died when the money ran out. 

The Poor Law Amendment Act enabled the poor law guardians to assume parental rights by administrative fiat over children whose parents were deemed ‘unfit’ (widely referred to as ‘poor law adoptions’). 

The Mental Deficiency Act introduced a provision whereby a woman who gave birth to an illegitimate child while she was in receipt of poor relief could be declared a ‘moral imbecile’ and incarcerated for an indefinite period. 

Its primary concern at that time was infant mortality and the welfare of unmarried mothers and their illegitimate children. The original functions were: 1) To obtain reform of legislation to ensure that fathers contributed more financial support  2) To secure the provision of adequate accommodation to meet the varying needs of mothers and babies throughout the country, with the special aim of keeping mother and child together; 3) To deal with individual enquiries from, or on behalf of, unmarried mothers. 

Hannah Brown’s autobiography, The Child She Bare, was published. She had spent her childhood in the Foundling hospital (1866-1881) and the book included a furious indictment of the stigmatisation of illegitimate children and their mothers.  

The Hopkinson Committee Report recommended introduction of legal adoption.

Between 1922 and 1925 eight bills introduced to Parliament to legalise and regulate adoption – all failed to become law. 

The Bastardy Act increased the amount of child support a father could be required to pay because “it is most important to keep the mother and child together”

1926 introduced a legal framework for adoption in England and Wales. Rights and responsibilities for adopted children transferred permanently from birth parents to adoptive parents. Adopted children retained right to inherit from birth family but did not acquire right to inherit from adoptive parents.

Adopted children acquired liability to maintain adoptive parents who could not support themselves. Both birth parents required to give consent, which could only be dispensed with if they had abandoned, deserted or refused to maintain the child. Registrars required to keep a register of adoptions which preserved details of birth certificates related to adoption orders; although this was sealed, it made it possible to trace adopted children.  

Adoptees in Scotland retained the right to access their original birth certificate when they were 16. 

Following the Horsburgh Committee Report, which identified malpractice in some voluntary adoption agencies, the Adoption of Children (Regulation) Act was introduced.

This required a local authority to be notified of any informal adoption of any child under nine years old. It required supervision by local authorities of children placed through a third party for adoption and provided for a probationary period in cases arranged by an adoption society. It also made it illegal to advertise children for adoption or to adopt for financial reward save by a local authority. Due to the outbreak of war in 1939, it did not come into force until 1943. (Pepper 2019)

The universal benefit was introduced to help families with the cost of raising children. The benefit was paid to the mother (including single mothers), but only for second and subsequent children.  

Adoption of Children County Court Rules (1949) and High Court Rules (1950): enabled adoptive parents to conceal their identity from birth parents. Serial numbers rather than names appeared on the application form.

The Foundling Hospital Act introduced provisions to replace the Foundling Hospital birth certificate with one which did not stigmatise the children by identifying them as Foundlings.

The National Council for the Unmarried Mother and her Child published a report on all the cases they had dealt with in 1953. It explored the reasons why single mothers were not supported by their parents. 

Allowed adoption agencies to place children not under their control, such as those looked after by local authorities, with adopters, submitting local authorities to the same regulation as adoption agencies. Adopters were required to give three months notice to local authorities of their intention to adopt.

Anonymous adverts offering to care for children were prohibited. The Court was permitted to dispense with parental consent to adoption if the parent or guardian of the child had persistently failed without reasonable cause to discharge the obligations of a parent or guardian. It also set out that children awaiting adoption or placed with strangers, below the upper limit of the compulsory school age, were deemed a “protected child‟ and were to be visited “from time to time‟ by officers of the authority and the premises where they were could be inspected.

Single mothers could no longer be incarcerated for ‘moral deficiency’.

Iris Goodacre’s research on the extent to which statutory regulations on the adoption process were followed in practice was published. The study revealed numerous deficiencies.

Study assesses extent to which adoptions have been successful. Key findings concerning enduring impact of illegitimacy. 

Publication of Jane Rowe and Lydia Lambert: Children Who Wait: A Study of Children Needing Substitute Families, London: BAAF. Influential study of children in care in England exploring issues concerning permanence. Findings underpinned the introduction of freeing orders. 

Local authorities introduced a comprehensive adoption service, including provision of temporary board and lodging where needed by pregnant women, mothers or children; arrangements for assessing children and prospective adopters, and placing children for adoption; counselling for persons with problems relating to adoption.

The Act also introduced the requirement for adoption societies to be formally approved by the Secretary of State and Section 28 prohibited third party/private adoptions but did not come into force until 1982. The Act made it possible for an adopted person who had attained the age of 18 ‘to obtain such information as is necessary to enable that person to obtain a certified copy of the record of his birth’ and introduced provisions under which children could be freed for adoption. 

The Adoption Act consolidated previous adoption legislation. The act did not make the child’s welfare the paramount consideration, however it did establish that any decision in relation to adoption by a court or adoption agency shall have regard to all the circumstances, the first consideration being given to the need to safeguard and promote the welfare of the child throughout their childhood. The Act did not permit adoption by unmarried couples (same sex and opposite sex). 

The Family Law Reform Act removed remaining legal disadvantages of illegitimacy.

The Children Act 1989 clarified the principle that, when courts were making decisions about the upbringing of a child (or the administration of their property), the child’s welfare had to be their paramount consideration. It introduced a presumption of contact for looked after children. It also introduced the adoption contact register.

The Hague Convention on Intercountry Adoption aimed at regulating cross border adoptions. 

Overview of findings from wide-ranging research initiative underpinning the Adoption and Children Act, 2002. 

The Act facilitated adoption for children in care who cannot safely return home. As in the grounds for care orders specified in the Children Act 1989, the act introduced criteria for dispensing with parental consent which moved from a focus on parental behaviours to one on the welfare of the child.

The Act allowed for adoption by civil partners, married and unmarried couples, and sole adopters. It also introduced special guardianship, duty of courts to consider contact arrangements/ adoptees to know of birth parent’s wish for contact and post-adoption support including services for birth parents.  

The act established the role of the Children’s Commissioner. 

Selwyn and colleagues’ research on the Costs and Outcomes of Non-Infant Adoptions was published. This is the first major study of children adopted from care in England and Wales, showing them to be a very different population from infants relinquished for adoption. 

Important findings concerning enduring trauma experienced by birth parents whose children have been adopted following committal to care.

Overview of findings from wide-ranging research initiative underpinning the Children and Families Act 2014.  

Introduced measures to reduce delays in children achieving permanency through adoption (fostering to adopt; changes to matching process). Strengthened access to post adoption support. Increased opportunities for contact with birth family members if in child’s best interests.

Selwyn and colleagues’ study of adoption disruptions was published, giving details of the number of adoptions that disrupt, the factors that influence disruption and the stability of adoption compared with special guardianship and residence orders.

The Education and Adoption Act: made provision for establishment of regional adoption agencies (RAAs).

Publication of research on the life trajectories of infants of unmarried mothers who had been relinquished for adoption in 1958 and 1970 and were now middle aged.

Damning report on adoption of infants born to unmarried women and the lifelong trauma that many experienced.  

2026 will be 100 years since the Adoption of Children Act 1926, which was the first legislation in England and Wales to legalise adoption. This act was a significant step in formalising the process of adoption, providing a legal framework for transferring children to new families.