X, In the Matter Of [2025] EWFC 396 (B) (29 August 2025)

X, In the Matter Of [2025] EWFC 396 (B) (29 August 2025)

The adoption order was not invalidly made as the court believed service had been effected; however, due to the procedural irregularity, Mr B must be given an opportunity to apply to set aside the order within 14 days, failing which the adoption order will stand.

Citation
[2025] EWFC 396 (B)
Parties
Child: X; Mother: Ms A; Father: Mr B; Applicant: Local Authority
Jurisdiction
England and Wales
Judgment Date
29 August 2025
Procedural Posture
Adoption / Post Judgment, Pre Sealing of Order
Outcome
Adoption order to be sent out immediately; birth father given 14 days to apply to set aside the order under FPR 27.5; in absence of action, adoption order stands.
Legal Topics
Adoption Order, Service of Notice, Procedural Irregularity, Setting Aside Orders
Family Law Adoption Law Adoption Order Service of Notice Procedural Irregularity Setting Aside Orders

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Parties

X

Child

Ms A

Mother

Mr B

Father

Local Authority

Applicant

Procedural Posture

Adoption / Post Judgment, Pre Sealing of 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 not invalidly made as the court believed service had been effected; however, due to the procedural irregularity, Mr B must be given an opportunity to apply to set aside the order within 14 days, failing which the adoption order will stand.

Court Disposition

Adoption order to be sent out immediately; birth father given 14 days to apply to set aside the order under FPR 27.5; in absence of action, adoption order stands.

Orders

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