A birth mother has failed to gain contact with her children in a case that highlights that adoption orders are final unless there are very exceptional circumstances.
The case involved Ms A, the birth mother of two children, L (12) and P (6), who were adopted in 2019 and 2018 respectively. Ms A argued for the adoption orders to be set aside and sought permission to apply for contact with her children. Both local authorities responsible for the children opposed her applications, which were dismissed by Mr Justice Trowell.
Ms A alleged procedural and legal irregularities, including duress, racism, and lack of proper welfare consideration during the original adoption process. However, the court found no evidence to support these claims.
“The jurisdiction to revoke adoption orders is strictly limited to cases of fundamental procedural irregularity,” said Mr Justice Trowell, emphasising that the orders were made lawfully and could not be overturned on welfare grounds. He acknowledged Ms A’s distress but noted that the children ceased to be her legal responsibility six years ago.
Ms A’s request for contact was also denied. The court determined that her ongoing refusal to accept the adoption posed a risk to the children’s stability. The judge cited her past comments to one of the children, including a claim that “adopters kill the children they adopt,” as evidence of potential harm.
While rejecting her application, Mr Justice Trowell permitted existing indirect “letterbox” contact to continue but urged that messages should be reviewed before being passed on.
The judge recognised Ms A’s difficult circumstances, including her history as a victim of human trafficking, and expressed sympathy for her situation. However, he reiterated that the welfare of the children, now settled with their adoptive families, remained the paramount concern.
Ms A’s applications were declared “totally without merit,” and she was reminded of her right to appeal the decision.
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Source:
Mother seeking contact with children fails to overturn adoption orders
Ms A and R Local Authority, T Local Authority
Family Court,
Mr Justice Trowell
18 November, 2024
