Adoption orders are final—even when all parties want them revoked, says Court of Appeal

In a landmark ruling, the Court of Appeal has confirmed that courts in England and Wales do not have the legal power to revoke an adoption order on welfare grounds, even if every family member involved supports the revocation.

The case involved two teenagers whose adoption had broken down. Their adoptive mother, supported by the birth mother and both children, applied to have the adoption orders set aside, arguing that doing so would be in the children’s best interests.

However, the court, led by Sir Andrew McFarlane, President of the Family Division, ruled that the law does not permit the revocation of an adoption order based solely on welfare considerations.

“The unique attribute of an adoption order, in contrast to any other order that may be made for the welfare of a child, is that it is ‘for life’,” said Sir Andrew. “It can only be extinguished by the making of a subsequent adoption order.”

Why the court refused the application

The judgment underlined the principle of legal permanence in adoption. Allowing revocation on welfare grounds, the court argued, would introduce uncertainty and potentially undermine the security and stability that adoption is intended to provide.

“If courts could undo adoption orders based on later welfare assessments, it would compromise the very foundation of permanence that adopted children rely on,” McFarlane noted.

The court explored whether any inherent jurisdiction might exist to set aside an adoption order outside of the usual appeal process but found that adoption is entirely governed by statute.

Specifically, the Adoption and Children Act 2002 contains no provisions allowing a court to revoke an adoption order on welfare grounds. Once made, adoption orders are final—except in extremely limited circumstances such as procedural irregularity or fraud.

What this means for families

The ruling confirms the strict legal framework surrounding adoption in England and Wales and reinforces that even mutual agreement between adoptive and birth families cannot undo an adoption.

This judgment, while heartbreaking for those involved, serves as a critical reminder of the finality of adoption orders and the limitations of judicial discretion in this area.