AX v BX & Ors (Revocation of Adoption Order) (Rev 1)

AX v BX & Ors (Revocation of Adoption Order) (Rev 1)

The court exercised its inherent jurisdiction to revoke the adoption orders for AX and BX due to highly exceptional and very particular circumstances: the irretrievable breakdown of the adoptive placement, restoration of parental responsibility to the natural mother, all parties' support for revocation, the applicants' strong identity and welfare interests, and the absence of any continuing legal relationship with the adopters. The balancing exercise, even considering public policy, firmly favored revocation.

Parties
Applicant: AX; Applicant: BX; Respondent: SX; Respondent: JX; Respondent: CT; Respondent: A Local Authority
Jurisdiction
England and Wales
Judgment Date
23 April 2021
Procedural Posture
Family / Judgment
Outcome
Adoption orders revoked
Legal Topics
Adoption, Revocation of Adoption Order, Inherent Jurisdiction, Child Welfare, Identity, Article 8 ECHR
Family Law Adoption Revocation of Adoption Order Inherent Jurisdiction Child Welfare Identity Article 8 ECHR

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 14 Party arguments 2
Sign in to unlock

Parties

AX

Applicant

BX

Applicant

SX

Respondent

JX

Respondent

CT

Respondent

A Local Authority

Respondent

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Whether the High Court should exercise its inherent jurisdiction to revoke adoption orders for AX and BX
  2. 2 Whether welfare considerations and Article 8 rights are relevant to revocation of adoption orders
  3. 3 Whether age (attaining majority) affects the court's jurisdiction to revoke adoption orders

Ratio Decidendi

The court exercised its inherent jurisdiction to revoke the adoption orders for AX and BX due to highly exceptional and very particular circumstances: the irretrievable breakdown of the adoptive placement, restoration of parental responsibility to the natural mother, all parties' support for revocation, the applicants' strong identity and welfare interests, and the absence of any continuing legal relationship with the adopters. The balancing exercise, even considering public policy, firmly favored revocation.

Court Disposition

Adoption orders revoked

Orders

  • The adoption orders relating to AX and BX are revoked.
  • Legal relationships between AX, BX, and CT are restored to the status prior to adoption.