Supreme Court Upholds Adoption Permanence, Rejects Bid to Revoke Sisters' Status
The UK Supreme Court has ruled against an application seeking to revoke the adoption of two sisters, identified as X and Y, who are now 18 and 19 years old. The adoptive mother brought the case, stating her motivation stemmed from the children's wishes after they re-established contact with their birth mother.
The court's decision reinforced the fundamental legal principle that adoption orders are "permanent and irrevocable." Judges stated that allowing such revocations, based solely on a change in welfare circumstances, would destabilise the entire adoption framework and could hinder future placements for children in need.
Child protection experts had voiced significant apprehension that a ruling in favour of ending the adoption could undermine the system's foundational stability, making it more challenging to secure prospective adopters. The Department for Education (DfE) also submitted a written argument, emphasising that overturning adoption orders based simply on welfare grounds could jeopardise their intended permanence and introduce uncertainty for all parties involved.
The sisters, adopted in 2012, later moved to live with their birth mother in 2021. Despite this de facto change in living arrangements, the Supreme Court determined that allowing the appeal would contradict the comprehensive legislative framework established by Parliament for child protection. The ruling affirmed the state's inherent "parens patriae" powers, which exist to safeguard children from serious harm when other mechanisms are insufficient.
