Mother fails to overturn adoption orders in High Court case

A recent High Court case has highlighted the finality of adoption orders, emphasizing that they can only be revoked under exceptional circumstances. The case involved Ms. A, the birth mother of two children, L (12) and P (6), who were adopted in 2019 and 2018 respectively. Ms. A sought to overturn the adoption orders and gain contact with her children, but her applications were dismissed by Mr. Justice Trowell.

Adoption: A permanent legal process

Adoption is the legal process by which a child or group of siblings who cannot be brought up within their birth family become full, permanent, and legal members of their new family. An adoption order is arguably the most serious order the Family Court can make. It ends the parental responsibility of any person or local authority and gives the adopters sole parental responsibility for the child. A strict legal process is followed to ensure the best interests of the child, but this can give rise to complex legal issues.

Allegations of irregularities dismissed

In this case, Ms. A alleged procedural and legal irregularities during the original adoption process, including duress, racism, and insufficient consideration of her children’s welfare. However, Mr. Justice Trowell found no evidence to support these claims.

“The jurisdiction to revoke adoption orders is strictly limited to cases of fundamental procedural irregularity,” stated Mr. Justice Trowell. He noted the adoption orders were made lawfully and could not be overturned on welfare grounds.

Contact application denied

In addition to her bid to overturn the adoption orders, Ms. A sought permission to apply for contact with her children. The court denied her request, finding Ms. A’s ongoing refusal to accept the adoption posed a risk to the children’s stability. The judge cited evidence of potential harm, including Ms. A’s past comments to one of the children, such as her claim that “adopters kill the children they adopt.” While rejecting her application, Mr. Justice Trowell permitted the continuation of existing indirect “letterbox” contact but urged Ms. A’s messages be reviewed before being passed on. The judgment serves as a reminder of the high bar for challenging adoption orders and the importance of stability for adopted children.

Mr. Justice Trowell acknowledged Ms. A’s difficult circumstances, including her history as a victim of human trafficking, and expressed sympathy for her situation. However, he emphasised that the welfare of the children, who are now settled with their adoptive families, remained the paramount concern.

How we can help

At Machins, we recognise the complexities and sensitivities surrounding adoption law. Whether you are an adoptive parent, a birth parent, or someone navigating a dispute, we provide expert legal advice tailored to your situation. Our team is here to help you understand the legal framework and ensure the best possible outcome for all involved. Visit Adoption (Including Contested Adoption) to learn more about how we can assist you with the adoption process and related legal matters.