Dorian Day and Samantha Smith in key Court of Appeal case on revoking adoption orders

13th January 2025

3PB's family law barristers Dorian DayDorian DayCall: 1987  and Samantha SmithSamantha SmithCall: 2007 appeared in today's landmark Court of Appeal case that has ruled that there is no inherent jurisdiction to revoke adoption orders. Judgement in the case of Re X and Y (Children: Adoption Order: Setting Aside) has brought clarity to the law, but will be cold comfort to many families seeking a legal remedy following the permanent breakdown of an adoption.

The case concerned two teenage girls who, having left their adoptive family and returned to live with their birth family, had secured their legal circumstances by way of child arrangements orders and a change of surname (to their birth name).

At a hearing before Mrs Justice Lieven, 3PB's Dorian Day, leading his colleague Samantha Smith, represented the adoptive mother in an application to revoke the adoption orders in respect of both children, thus restoring their legal status as children of their birth parents. The application was supported by the children and their birth parents.

Mrs Justice Lieven found she had no power to revoke lawfully made adoption orders, despite a developing line of case law in the High Court based upon the welfare of the children. The adoptive mother, was granted permission to appeal on all grounds. The application to appeal was, in its substance, supported by all represented parties, including the Secretary of State.

In dismissing the appeal, the Court of Appeal has closed the door to any judicial discretion outside of appeal and procedural remedies. To read a copy of the judgement, please click here

To contact Dorian or Sam, please email their clerk Ian Charlton on [email protected] or call him on 0121 289 4333.