ZH v HS & Ors (Application to Revoke Adoption Order)

ZH v HS & Ors (Application to Revoke Adoption Order)

The adoption order was not lawfully or properly made due to fundamental procedural and substantive errors, including lack of proper notice, consent, and party status, warranting revocation under the court’s inherent jurisdiction.

Parties
Applicant: ZH; 1st Respondent: HS; 2nd Respondent: MO; 3rd Respondent: SECRETARY OF STATE FOR THE HOME DEPARTMENT; 4th Respondent: TS (by her Children’s Guardian Desmond Wheway)
Jurisdiction
England and Wales
Judgment Date
05 March 2019
Procedural Posture
Family Adoption Revocation / Final Judgment
Outcome
Adoption order revoked; child to be placed with birth mother.
Legal Topics
Revocation of Adoption Order, Procedural Safeguards in Adoption, Consent of Birth Parents, Non Agency Adoption, Inherent Jurisdiction
Family Law Adoption Law Child Welfare Revocation of Adoption Order Procedural Safeguards in Adoption Consent of Birth Parents Non Agency Adoption Inherent Jurisdiction

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Parties

ZH

Applicant

HS

1st Respondent

MO

2nd Respondent

SECRETARY OF STATE FOR THE HOME DEPARTMENT

3rd Respondent

TS (by her Children’s Guardian Desmond Wheway)

4th Respondent

Procedural Posture

Family Adoption Revocation / Final Judgment

Legal Issues

  1. 1 Whether the adoption order was lawfully and properly made
  2. 2 Whether procedural and substantive flaws justify revocation
  3. 3 Effect of revocation on the child

Ratio Decidendi

The adoption order was not lawfully or properly made due to fundamental procedural and substantive errors, including lack of proper notice, consent, and party status, warranting revocation under the court’s inherent jurisdiction.

Court Disposition

Adoption order revoked; child to be placed with birth mother.

Orders

  • The adoption order made on 12 October 2016 is revoked.
  • T is to be placed in ZH’s care.