Z v Y (Revocation of Adoption Order)

Z v Y (Revocation of Adoption Order)

The application to revoke the adoption order is refused because, although the birth mother gave inaccurate information, there is insufficient evidence of fraud or a fundamental breach of natural justice to meet the high threshold for revocation. The local authority and court acted in good faith on the information available. The applicant's own delays and lack of action undermine his case. Revocation would cause significant harm to the child by undermining his secure placement and identity. Leave to apply for contact is refused as it would risk disrupting the child's life and welfare, and the adopters do not support direct contact at this stage.

Parties
Applicant: Z; 1st Respondent: A Local Authority; 2nd Respondent: Y; 3rd & 4th Respondents: Mr & Mrs A; 5th Respondent: X (A Child Through His Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
31 March 2021
Procedural Posture
Family / Final Judgment After Contested Hearing
Outcome
Applications refused
Legal Topics
Revocation of Adoption Order, Parental Responsibility, Contact With Adopted Child, Fraud and Natural Justice in Adoption
Family Law Adoption Law Revocation of Adoption Order Parental Responsibility Contact With Adopted Child Fraud and Natural Justice in Adoption

Case Brief

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Parties

Z

Applicant

A Local Authority

1st Respondent

Y

2nd Respondent

Mr & Mrs A

3rd & 4th Respondents

X (A Child Through His Children’s Guardian)

5th Respondent

Procedural Posture

Family / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the adoption order should be revoked under the inherent jurisdiction due to alleged fraud or breach of natural justice
  2. 2 Whether the applicant should be granted leave to apply for contact under s51A Adoption and Children Act 2002

Ratio Decidendi

The application to revoke the adoption order is refused because, although the birth mother gave inaccurate information, there is insufficient evidence of fraud or a fundamental breach of natural justice to meet the high threshold for revocation. The local authority and court acted in good faith on the information available. The applicant's own delays and lack of action undermine his case. Revocation would cause significant harm to the child by undermining his secure placement and identity. Leave to apply for contact is refused as it would risk disrupting the child's life and welfare, and the adopters do not support direct contact at this stage.

Court Disposition

Applications refused

Orders

  • Application to revoke the adoption order is dismissed.
  • Application for leave to apply for contact under s51A ACA 2002 is dismissed.