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England and Wales decisions
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The Supreme Court held that the High Court has no inherent jurisdiction to revoke a valid adoption order on welfare grounds. The appeal was dismissed.
There is no jurisdiction at first instance to set aside a validly made adoption order on welfare grounds. The High Court does not possess inherent jurisdiction to revoke an adoption order except in cases of fundamental procedural irregularity, fraud, or denial of natural justice. Adoption orders are final and irreversible except as expressly provided by statute. Any change to this position is a matter for Parliament, not the courts.
Source excerpt
X and Y, Re (Children: Adoption Order: Setting Aside) [2025] EWCA Civ 2 (13 January 2025)
The Court of Appeal held that a valid adoption order cannot be set aside on welfare grounds except by appeal or narrow statutory exception.
X and Y (Revocation of Adoption Orders), Re [2024] EWHC 1059 (Fam) (25 April 2024)
The High Court refused to revoke two adoption orders, holding there was no welfare-based power to do so under the statutory scheme, but allowed surname changes.
The High Court does not have power under the inherent jurisdiction or s.31F(6) MFPA to revoke adoption orders made under the Adoption and Children Act 2002 on welfare grounds. The statutory scheme is comprehensive and only allows revocation in the narrow case of legitimation. The inherent jurisdiction cannot be used to add a wider power of revocation as this would be incompatible with the statutory scheme. Therefore, the application to revoke the adoption orders must be refused.
Source excerpt
I-A (Revocation of Adoption Order) [2021] EWCA Civ 1222 (10 August 2021)
The Court of Appeal held that making an adoption order without the mother present was a procedural irregularity, but not a fundamental breach justifying revocation.
AX v BX & Ors (Revocation of Adoption Order) (Rev 1) [2021] EWHC 1121 (Fam) (23 April 2021)
The High Court revoked adoption orders for two siblings after their adoptive placement permanently broke down and they had returned to their natural family.
CD v Blackburn with Darwen Borough Council (adoption set aside) (Rev 1) [2020] EWHC 3411 (Fam) (18 December 2020)
The High Court dismissed a mother’s bid to revoke care, placement and adoption orders, finding no procedural unfairness and no basis to reopen the case.
The High Court refused a mother’s attempt to revoke care, placement and adoption orders for three children, and also dismissed wider family applications.
Case O (Human Fertilisation and Embryology Act 2008) [2016] EWHC 2273 (Fam) (13 September 2016)
The High Court declared Y C1’s legal parent under the 2008 Act and revoked an adoption order made on a mistaken legal basis, restoring the child’s status.
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