Case Law update: Are adoption orders permanent?

On 22nd April 2026 the Supreme Court ruled that adoption orders cannot be re-considered outside of the formal appeals process which reinforces that they are final and permanent decisions.

In this case two children were placed for adoption when they were 4 and 5 years old. An adoption order was made however both children maintained contact with their birth mother.

In 2021 both of the children moved into the care of their birth mother and one of the children moved into the care of their birth father in 2022.

In 2023 care proceedings were issued on the basis that the children were beyond parental control and Child Arrangements Orders were made in favour of the birth parents which provided them with parental responsibility.

In April 2023 the mother made an application to the High Court to set aside the adoption orders. This was refused and the mother appealed to the Court of Appeal where her application was also refused. The Court of Appeal said that adoption orders are final and permanent, and irrevocable except on the very limited and very rarely used ‘legitimate exception’ ground in the Adoption and Children Act 2002 i.e. a procedural irregularity.