A new ruling by the Supreme Court has affirmed the permanency of adoption orders, clarifying that they cannot be overturned beyond the formal process for appeals.
This ruling came in the case of ‘X and Y (Children: Adoption Order: Setting Aside)’. It was a case where a woman who had adopted the children referred to as X and Y applied to have that order overturned on the basis of child welfare. Both the birth mother and the two children – who are adults now – backed her.
The adoptive mother, referred to as AM, was awarded the adoption order 13 years ago, but the children stayed in touch with their birth mother. AM gave her blessing to this, and they subsequently returned to live with the birth mother. Y remained living with her, while X decided to live with the birth father.
As a result, the local authority made child arrangement orders confirming that the children would live with their respective birth parents.
Following that, AM applied for the adoption order to be overturned; initially to the High Court, followed by Court of Appeals and Supreme Court. Now, the latter has unanimously rejected her appeal, confirming that such orders can only be revoked on ‘legitimate exception’ grounds.
While these circumstances are rare, the ruling is something that family law solicitors in North Wales will need to note. They will have to emphasise the permanency of adoption orders to clients, so they are fully aware of the commitment. In its ruling, the Supreme Court stated that adoption carries the same status as normal parenting.
At Bennett Smith Solicitors, we offer expert guidance on family law in North Wales. Get in touch to book an appointment.
