X, Re

X, Re

The adoption order was made without proper notice to the birth father, constituting a procedural irregularity. The court, before sealing the order, must allow the father an opportunity to apply to set aside the order under Family Procedure Rules 27.5, as the error was identified promptly and the order not yet perfected.

Parties
Mother: Ms A; Father: Mr B; Applicant: Local Authority; Previous Judge: His Honour Judge Davis; Current Judge: Her Honour Judge Cope; Applicants: Prospective Adopters
Jurisdiction
England and Wales
Judgment Date
19 November 2025
Procedural Posture
Adoption / Post Adoption Order, Pre Sealing, Procedural Review
Outcome
Adoption order to be sent out immediately; birth father granted right to apply to set aside within 14 days; right to appeal within 21 days; adoption order stands if no action taken.
Legal Topics
Procedural Irregularity, Service of Notice, Setting Aside Adoption Orders, Appeal Rights
Family Law Adoption Procedural Irregularity Service of Notice Setting Aside Adoption Orders Appeal Rights

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 8 Party arguments 2
Sign in to unlock

Parties

Ms A

Mother

Mr B

Father

Local Authority

Applicant

His Honour Judge Davis

Previous Judge

Her Honour Judge Cope

Current Judge

Prospective Adopters

Applicants

Procedural Posture

Adoption / Post Adoption Order, Pre Sealing, Procedural Review

Legal Issues

  1. 1 Whether the adoption order was validly made given lack of notice to birth father
  2. 2 Whether procedural rules allow setting aside or correction of the adoption order
  3. 3 What remedies are available for procedural irregularity in adoption proceedings

Ratio Decidendi

The adoption order was made without proper notice to the birth father, constituting a procedural irregularity. The court, before sealing the order, must allow the father an opportunity to apply to set aside the order under Family Procedure Rules 27.5, as the error was identified promptly and the order not yet perfected.

Court Disposition

Adoption order to be sent out immediately; birth father granted right to apply to set aside within 14 days; right to appeal within 21 days; adoption order stands if no action taken.

Orders

  • Mr B granted 14 days to apply to set aside the adoption order under FPR 27.5.
  • Mr B granted 21 days to appeal the present order.