Can an Adoption Order Be Overturned?

Isabelle James

For many birth parents, the making of an adoption order feels devastating — a permanent severing of the legal relationship with their child. If you are in this situation, or are facing adoption proceedings, you may be wondering whether an adoption order can ever be challenged or reversed.

The honest answer is: rarely, but in limited circumstances, yes. Adoption orders are among the most final orders a court can make, and the law treats them that way deliberately. However, there are legal routes available — depending on where you are in the process and what grounds exist. Understanding the difference between those routes is essential.

This article explains what challenging an adoption order actually means, what the grounds are, how long you have to act, and what birth parents can realistically expect from the process. If you are concerned about an adoption order, our adoption solicitors recommend seeking specialist legal advice as early as possible.

What does challenging an adoption order mean?

Many people use the phrases “challenging”, “contesting”, “appealing” and “overturning” interchangeably, but they refer to distinct legal processes — and which one applies to you depends on where you are in the timeline.

Opposing an adoption order (before it is granted)

If an adoption order has not yet been made, a birth parent may apply to the court for permission to oppose it. This is the most commonly available route and involves a two-stage legal test (explained in detail below). You will need the court’s permission before you can formally oppose the adoption, and that permission is not automatic.

Appealing an adoption order (after it is granted)

Once an adoption order has been made, you have 21 days to file an appeal. Appeals must be based on a legal error — for example, that the judge applied the wrong legal test, failed to consider relevant evidence, or made a decision that was plainly wrong. A general disagreement with the outcome is not sufficient grounds for an appeal.

Applying to revoke an adoption order (after the appeal window has closed)

If the 21-day appeal window has passed, the only remaining option is to apply to the High Court to revoke the adoption order using its inherent jurisdiction. This is an exceptional route, reserved for truly extraordinary circumstances — specifically, cases involving a fundamental breach of natural justice. Successful revocation applications are extremely rare.

Grounds for challenging an adoption order

The grounds that may justify a challenge differ depending on which stage you are at, but they generally fall into the following categories:

• Procedural irregularity — a significant flaw in how the adoption application was conducted, such as failures to follow proper legal process
• Fraud or misrepresentation — where false information was presented to the court in order to obtain the adoption order
• Breach of natural justice — for example, where a birth parent was not properly notified of proceedings, was not given a fair opportunity to be heard, or was denied the ability to participate meaningfully
• Coercion or undue pressure — where consent to the adoption was obtained through pressure or duress rather than freely given
• Significant change in circumstances — relevant when opposing an adoption before the order is made (see below)

It is important to understand that challenging an adoption order on welfare or merits grounds alone — that is, simply arguing that the outcome was wrong for the child — is extremely difficult once an order has been made. Courts are very reluctant to reopen welfare decisions that have been properly made, particularly given the importance of stability for children.

You can read more about how courts approach these cases in a recent case in which a birth parent sought to overturn an adoption order, which illustrates the very high threshold the courts apply.

The two-stage test for opposing an adoption

If you are seeking to oppose an adoption order before it has been granted, the court applies a two-stage test. This is the most realistic route for most birth parents.

Stage 1: Has there been a significant change in circumstances?

You must first demonstrate to the court that your circumstances have changed significantly since the placement order was made. The court will look at evidence of genuine, sustained change — for example:

• Completion of a recognised therapy programme
• Recovery from substance dependency, supported by medical evidence
• Stable housing and employment
• Completion of parenting courses
• Consistent engagement with support services

The courts have confirmed that this test should not be set so high as to be unachievable. However, evidence of real and lasting change — not simply the passage of time — is required.

Stage 2: Does the child’s welfare require reconsidering the adoption?

If you pass stage 1, the court moves to the second question: would it be in the child’s best interests to reconsider the plan for adoption? At this point, the child’s welfare throughout their life is the court’s paramount consideration.

Even where a birth parent demonstrates genuine improvement, the court will weigh the stability and security that the child has found against the potential disruption of revisiting the adoption plan. This is why specialist legal representation is so important at this stage — the arguments are complex and the stakes are high.

How long do you have to challenge?

Timing is critical when it comes to challenging an adoption order.

• Before the order is made: You can apply for permission to oppose the adoption at any point before the order is granted, but you will need to act promptly once you become aware of the proceedings.
• Within 21 days of the order: You may file an appeal. This window is short, and you should seek legal advice immediately if you believe an error has been made.
• After 21 days: The only route available is an application to the High Court to revoke the order under its inherent jurisdiction. As noted above, this is reserved for fundamental breaches of natural justice and is very rarely successful.

If you have any concerns about an adoption order — whether it has been made or is pending — we strongly recommend contacting a specialist adoption solicitor without delay.

What about legal aid?

Many birth parents involved in adoption proceedings are eligible for legal aid, subject to means and merits testing. This can cover the cost of legal representation in court proceedings, including applications to oppose an adoption order.

Whether you qualify will depend on your financial circumstances and the strength of your case. A specialist solicitor can assess your eligibility during an initial consultation and advise you on how to apply.

Legal costs should not be a barrier to getting advice. If you are facing adoption proceedings involving your child, speak to a solicitor as early as you can.

How we can help

Osbornes Law has a specialist team of adoption solicitors with extensive experience advising and representing birth parents in adoption proceedings. We understand how distressing and overwhelming this situation can be, and we provide clear, practical advice tailored to your circumstances.

Whether you are facing a placement order, seeking to oppose an adoption, or need advice about challenging an order that has already been made, we are here to help.

We also have particular expertise in adoption from care cases, where the stakes and complexity are often greatest.

Contact us by calling 020 7485 8811 or filling in our online enquiry form.

Frequently asked questions

Can an adoption order be overturned?

Yes, but only in very limited circumstances. Once an adoption order is made, the legal relationship between a child and their birth parents is permanently altered. Revocation of an adoption order is only possible through the High Court’s inherent jurisdiction and is reserved for cases involving a fundamental breach of natural justice — such as fraud or a serious procedural failure. Successful revocations are extremely rare.

Can you unadopt a child?

There is no formal “unadoption” process in England and Wales. An adoption order is intended to be permanent. However, in highly exceptional circumstances — for example, where the original order was obtained by fraud or there was a serious failure of natural justice — the High Court may revoke an adoption order. This is an extraordinary remedy and is not available simply because circumstances have changed or because a birth parent regrets the outcome.

How do you win a contested adoption?

If you are seeking to oppose an adoption before the order is made, the court applies a two-stage test. First, you must show that your circumstances have changed significantly since the placement order. Second, the court considers whether the child’s welfare would be better served by reconsidering the adoption plan. Evidence of genuine, sustained change is essential — such as completing therapy, overcoming addiction, or demonstrating stable parenting capacity. Specialist legal representation significantly improves your prospects.

What is an application to revoke an adoption order?

This is a formal application to the High Court, asking it to set aside an existing adoption order using its inherent jurisdiction. It is only available after the 21-day appeal window has closed and is reserved for cases involving a fundamental breach of natural justice. Examples include situations where a birth parent was not notified of proceedings, where fraud was involved, or where there was a serious procedural failure. It is not a route for reconsidering the welfare merits of the original decision.

Can a birth parent oppose an adoption?

Yes — a birth parent can apply to the court for permission to oppose an adoption order, but only before the order is granted. Permission is not automatic; the court will first consider whether there has been a significant change in the birth parent’s circumstances since the placement order was made. If permission is granted, the court then considers whether revisiting the adoption plan serves the child’s best interests.

What happens after an adoption order is made?

Once an adoption order is made, it is legally permanent. The adoptive parents become the child’s legal parents in every respect, and the birth parents’ parental responsibility is extinguished. There is a 21-day window in which to file an appeal. After that, the only route to challenge the order is through the High Court’s inherent jurisdiction in truly exceptional circumstances. Post-adoption contact arrangements may sometimes be agreed separately, but these do not affect the legal status of the adoption order itself.