A High Bar For Challenging Adoption Orders

Naomi Angell

Challenging adoption orders

Adoption orders bring considerable implications for all the parties and judges do not make such orders lightly. For this reason, the courts are extremely hesitant to overturn adoption orders, as a recent case illustrates.

The specialist adoption solicitors at Osbornes Law are experienced in advising and representing birth parents, adoptive parents and prospective adopters, children and children’s guardians and local authorities.

Permanence of adoption orders

Adoption orders are intended to be permanent and lifelong for the children and the adopters. The legal consequences for all the parties concerned are far-reaching. It is only in very exceptional circumstances that he court will revoke an adoption order and normally where there has been a fundamental breach of natural justice.

The case of 1A v R Local Authority & Anor [2024] EWHC 3260 (Fam)

In the reported case of 1A v R Local Authority & Anor [2024] EWHC 3260 (Fam), an appeal judge rejected an application by the birth mother to set aside adoption orders made in respect of 12 and 6-year-old siblings.

The two children had been adopted 6 years prior to the November 2024 hearing. Sadly, the birth mother (A) had experienced the most traumatic events prior to the children being removed from her and then adopted, including that she had been a victim of human trafficking. The judge in the revocation proceedings found her to be intelligent and articulate in her submissions to the court.

A applied to have the adoption orders set aside.. Her claims included that the adoption orders had been made under duress and were in reality “social engineering”. She also claimed that the adoptions demonstrated a form of human trafficking by the local authorities and that she had not had a fair trial when the adoption orders were made by the court.

Finality of adoption litigation

However, the legal position on setting aside adoption orders is clear. The judge referred to the ‘finality’ of adoption litigation, as well as the “different standing” of an adoption order compared to other orders.

Applying that here, the judge emphasised that the children had ceased, some six years ago, to be A’s legal children and they were now the legal children of the adopters . To set aside the adoption order would therefore have a profound effect on the children and it could only happen in highly exceptional and “very particular” circumstances.

In practice, there would need to be a fundamental procedural irregularity and there was insufficient evidence of this. The birth mother’s application for revocation was refused.

The birth mother had also sought contact orders with the children. The court refused these because this would not be in the best interests of children (why?). Contact would be restricted to letter box contact (which was already in place).

This case demonstrates the permanence of lawfully made adoption orders. They are life changing orders for the children who for several years had regarded themselves as the lifelong children of their adoptive parents and hence there was a a high bar for a successful challenge to an adoption order.

How we can help

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