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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33952
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Good afternoon I am an adoptive parent of a 27 year old

Resolved Question:

Good afternoon

I am an adoptive parent of a 27 year old (adopted in 1988 at the age of one).
Years of challenging/criminal behaviour have adversely affected me and other members of the adoptive family. I would like to determine whether the adoption order can be nullified, and if so, what is the process? Statutory provisions are necessarily "child" focussed but the "child" is now an adult...

Many thanks

K
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Why do you wish to have the Adoption Order revoked when it is no longer of any real relevance?
Clare
Customer: replied 3 years ago.

Hi Clare


 


It is relevant for inheritance purposes.


 


I look forward to hearing from you.


 


Thanks


 


Kay


 


 

Customer: replied 3 years ago.

ps And it is extremely relevant for me....


 


 

Expert:  Clare replied 3 years ago.
Hi
I am afraid that there is n process whereby you can revoke the Adoption at this stage
However there are no Inheritance issues unless you have assets in Scotland - all you have to do is make a Will which excludes this young woman
I am so sorry not to be able to give you the answer that you need but sadly the courts have only recently made it clear that they consider it important that the certainty of adoption is not disrupted
Please ask if you need further details or to explore other options
Clare
Customer: replied 3 years ago.

Thank you for your response.


 


It is disappointing to hear that a revocation process does not exist in the advised circumstances.


 


I was aware that revocation of adoption when a child is involved can occur in exceptional circumstances ie where the placement with adoptive parents has broken down.


 


I am also very mindful of the Courts wanting to ensure stability/certainty for the adopted child. However, it appears inequitable for adoptive parents to be denied any opportunity of challenging the continuity of the Adoption Order when the adopted person has reached adulthood.


 


My husband and I were congratulated by social services for continuing to deal with the psychopathic behaviour of our adopted son in a loving family environment until adulthood. However, there has now been an irretrievable breakdown and a legal "divorce/revocation" is what is required.


 


You have mentioned that "the courts have only recently made it clear...certainty ... not disrupted.." Presumably all these judgments relate to "children/minors" ? What level of courts have been involved?


 


I do have property interests in France and as you may be aware the inheritance law there makes it impossible to exclude the interests of a child.


 


So, presumably I would have to consider a test case to be heard on its own merits ?


 


 


 


 


 


 


 


 


 


 

Expert:  Clare replied 3 years ago.
HI
It is not about the needs of the child - it is about the certainty of adoption and so far as the French inheritance laws were concerned you would face the same problems if you were estranged from your biological child.
The recent case law is here
http://www.familylawweek.co.uk/site.aspx?i=ed114972
and was unsuccessful DESPITE the needs of the child
I am sorry
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33952
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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