In a recent appeal case, the Court of Appeal clarified whether adoption orders can be set aside when adoptive placements break down. This case has sparked interest because of its implications for adoptive families, birth families, and childcare solicitors.

The case background

The appeal involved two young people, aged 17 and 16, who were adopted in 2013. Despite growing up in their adoptive family, they struggled to fully integrate. They always wanted to be connected to their birth family. With the support of their adoptive mother, both children maintained contact with their birth mother and wider family. In 2021, they each chose to return to live with their birth mother, expressing a clear wish to become "unadopted".

The adoptive mother, supported by the birth mother and the children themselves, applied to have the adoption orders set aside. This raised a critical legal question: can the courts set aside adoption orders, and under what circumstances?

The court's deliberations

The court examined the core purpose of adoption orders: providing lifelong permanence, security, and stability for children. Adoption differs fundamentally from other forms of child care, such as long-term fostering, because they are designed to create an irreversible legal relationship between the adoptive parents and the child.

A significant concern was raised: if birth parents could challenge adoption orders, it could undermine the stability and security these orders are meant to provide. Yet, in this specific case, there was a strong welfare argument to allow the orders to be set aside to reflect the children's sense of identity and belonging to their birth family.

The Court of Appeal's decision

Despite the compelling arguments, the Court of Appeal ruled that it has no legal power to set aside adoption orders. It reaffirmed the following:

• Adoption orders are intended to be lifelong and irreversible, ensuring security for the child.
• Unlike long-term fostering, which can be more susceptible to disruption, adoption provides a permanent legal bond that cannot be extinguished by either birth parents or adoptive parents.

The court acknowledged that its decision was not in the best welfare interests of the children in this case. Both young people provided persuasive testimony about their desire to reconnect with their birth family and their belief that they had never entirely left it. However, the court emphasised that no legal grounds exist to overturn adoption orders, even in cases of adoptive breakdown.

Implications for Adoption Law and Practice

This landmark ruling reinforces the permanence of adoption orders, even when adoptive placements fail. It underscores the key differences between adoption and fostering, highlighting adoption's role in providing lifelong stability.

Whilst the decision is legally clear, it raises questions about the support available for children and families experiencing adoption breakdowns. Many children in similar situations feel a strong connection to their birth families and face complex identity and belonging challenges. However, this case makes it clear that reuniting children with their birth families doesn't change the legal permanence of adoption.

Support for Families Facing Adoption Challenges

For families navigating adoption breakdowns, early legal advice is essential. Childcare solicitors are critical in helping families understand their rights and exploring the best outcomes for children.

At Switalskis Solicitors, our experienced team of childcare solicitors are here to provide expert advice on adoption and fostering matters. Whether you're an adoptive parent, birth parent, or young person seeking guidance, we can help you navigate these complex issues with sensitivity and professionalism.

Can a child be unadopted?

This case highlights the enduring nature of adoption orders, even in challenging circumstances. Whilst the court's decision may feel disheartening for those seeking to legally reflect their family's changing dynamics, it reinforces the fundamental principle of adoption as a lifelong commitment.

If you need expert advice on adoption or fostering matters, contact our Switalskis childcare team today at 0800 138 0458. We're here to provide tailored support and guidance to ensure the best outcomes for children and families.