X, Re [2025] EWFC 396 (29 August 2025)

X, Re [2025] EWFC 396 (29 August 2025)

The adoption order was made without proper notice to the birth father due to a procedural irregularity. However, as the error was identified before the order was sealed and sent out, the court will send out the order with a provision allowing Mr B 14 days to apply to set aside the order under FPR 27.5, and 21 days to appeal, ensuring fairness and compliance with due process.

Citation
[2025] EWFC 396
Parties
Mother: Ms A; Father: Mr B; Applicant: Local Authority; Child: X; Applicants: Prospective Adopters
Jurisdiction
England and Wales
Judgment Date
29 August 2025
Procedural Posture
Adoption Application / Post Judgment, Pre Sealing of Adoption Order
Outcome
Adoption order to be sent out; birth father given 14 days to apply to set aside and 21 days to appeal.
Legal Topics
Adoption, Procedural Irregularity, Service of Notice, Setting Aside Orders
Family Law Adoption Procedural Irregularity Service of Notice Setting Aside Orders

Case Brief

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Parties

Ms A

Mother

Mr B

Father

Local Authority

Applicant

X

Child

Prospective Adopters

Applicants

Procedural Posture

Adoption Application / Post Judgment, Pre Sealing of Adoption Order

Legal Issues

  1. 1 Whether the adoption order should be set aside due to lack of notice to the birth father
  2. 2 Whether procedural irregularity invalidates the adoption order

Ratio Decidendi

The adoption order was made without proper notice to the birth father due to a procedural irregularity. However, as the error was identified before the order was sealed and sent out, the court will send out the order with a provision allowing Mr B 14 days to apply to set aside the order under FPR 27.5, and 21 days to appeal, ensuring fairness and compliance with due process.

Court Disposition

Adoption order to be sent out; birth father given 14 days to apply to set aside and 21 days to appeal.

Orders

  • Adoption order to be sent out immediately.
  • Mr B granted 14 days to apply to set aside the adoption order under FPR 27.5.