Where the child’s natural mother did not receive service of the adoption petition and had no other knowledge that an attempt was being made to adopt the child; in that event it can be considered that there is a fundamental injustice to the natural mother. There was no statutory basis for the setting aside of an adoption order, despite there having been a fundamental mistake. The natural procdure is an appeal.
Citations:
Independent 22-Mar-1995, [1995] 2 Fam L R 1
Jurisdiction:
England and Wales
Citing:
Appeal from – Re B (Adoption: Setting Aside) FD 10-May-1994
There is no provision for the annulment of an adoption order for mistake. . .
Cited by:
Appealed to – Re B (Adoption: Setting Aside) FD 10-May-1994
There is no provision for the annulment of an adoption order for mistake. . .
Cited – Alexander Cameron (Ap) v Ian Macintyre Gibson, As Executor Dative of the Late Dugald Macintyre and Another SCS 2-Dec-2003
An adoption order had been made, but at the time, the adopted child was over the maximum age. Application was made to set it aside.
Held: Adoption orders could not be set aside save for where some fraud could be demonstrated to have been . .
Lists of cited by and citing cases may be incomplete.
Adoption
Updated: 27 October 2022; Ref: scu.85723
