X and Y (Revocation of Adoption Orders), Re

X and Y (Revocation of Adoption Orders), Re

The High Court does not have power under the inherent jurisdiction or s.31F(6) MFPA to revoke adoption orders made under the Adoption and Children Act 2002 on welfare grounds. The statutory scheme is comprehensive and only allows revocation in the narrow case of legitimation. The inherent jurisdiction cannot be used to add a wider power of revocation as this would be incompatible with the statutory scheme. Therefore, the application to revoke the adoption orders must be refused.

Parties
Applicant (adoptive Mother): AM; First Respondent (birth Mother): BM; Second Respondent (birth Father): BFX; Third Respondent (child): X; Fourth Respondent (child): Y; Fifth Respondent: Local Authority
Jurisdiction
England and Wales
Judgment Date
05 March 2024
Procedural Posture
Family/adoption / Judgment on Application to Revoke Adoption Orders
Outcome
Application to revoke adoption orders refused; application to change surnames granted
Legal Topics
Revocation of Adoption Orders, Inherent Jurisdiction, Children's Welfare, Change of Name
Family Law Adoption Revocation of Adoption Orders Inherent Jurisdiction Children's Welfare Change of Name

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Parties

AM

Applicant (adoptive Mother)

BM

First Respondent (birth Mother)

BFX

Second Respondent (birth Father)

X

Third Respondent (child)

Y

Fourth Respondent (child)

Local Authority

Fifth Respondent

Procedural Posture

Family/adoption / Judgment on Application to Revoke Adoption Orders

Legal Issues

  1. 1 Whether the High Court has power to revoke adoption orders under the Adoption and Children Act 2002 on welfare grounds
  2. 2 Whether the inherent jurisdiction or s.31F(6) of the Matrimonial and Family Proceedings Act 1984 provides such power
  3. 3 Whether the children's welfare and wishes justify revocation of the adoption orders

Ratio Decidendi

The High Court does not have power under the inherent jurisdiction or s.31F(6) MFPA to revoke adoption orders made under the Adoption and Children Act 2002 on welfare grounds. The statutory scheme is comprehensive and only allows revocation in the narrow case of legitimation. The inherent jurisdiction cannot be used to add a wider power of revocation as this would be incompatible with the statutory scheme. Therefore, the application to revoke the adoption orders must be refused.

Court Disposition

Application to revoke adoption orders refused; application to change surnames granted

Orders

  • Application to revoke adoption orders in respect of X and Y is refused
  • Both X and Y are permitted to change their surname to BM’s surname