“Is it open to this court in 2009 to set aside the adoption orders?
53.This, in my judgment, is the critical question and the basis upon which the applications fall to be decided. Mr Peddie and Ms Hoyal sensibly acknowledged the difficulties which they face on this part of the case. They recognise that adoption is the process whereby a child becomes a permanent and full member of a new family, and is treated for all purposes as if born to the adopters – see section 67(1) of the 2002 Act, which, very properly, they cited to us.54.Counsel further recognised that this court would be reluctant as a matter of public policy to set aside adoption orders. This, they accepted, was because if prospective adopters thought that natural parents could, even in limited circumstances, secure the return of a child after an adoption order had been made, this could have a dramatic effect on the number of people putting themselves forward as prospective adopters. Adoption orders have been perceived, counsel accepted, as final, and as putting the adoptive parents fully in control.55.So Mr Peddie and Ms Hoyal are constrained to fall back on the facts. If the true facts had been known, A, B and C would not have been freed for adoption, and would not have been adopted. The injustice, therefore, remains.56.In my judgment, however, the public policy considerations relating to adoption, and the authorities on the point – which are binding on this court -
- Approved Judgment
- Introduction
- Summary of conclusion
- The Legal Context
- “Requirement to obtain information about the child
- MATTERS TO BE INCLUDED IN THE CHILD'S HEALTH REPORT
- “21 Placement orders
- Dismissal of FPR 2010, Part 18 applications
- The validity of a placement order or an adoption order
- [2015] AC 1787
- Are existing placement or adoption orders vulnerable to challenge?
- On what basis may a placement order be set aside or revoked?
- [2008] EWCA 835
- I have reached the conclusion that the Recorder was wrong for the simple reason that
- Re P-B
- accurately states the law
- On what basis may an adoption order be set aside or revoked?
- “Is it open to this court in 2009 to set aside the adoption orders?
- simply make it impossible for this court to set aside the adoption orders even if, as Mr and Mrs Webster argue, they have suffered a serious injustice
- FPR 2010, Part 18
- Conclusion
- What needs to happen now?
