Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

Amendment, Revocation and Setting Aside of an Adoption Order

Document Cited authorities 11 Cited in Related
Vincent
AuthorNasreen Pearce/Richard Budworth
Pages115-117

Chapter 10


Amendment, Revocation and Setting Aside of an Adoption Order

AMENDMENTS

10.1 There are only two specific situations when the court which made the adoption order may amend the order on the application of the adopter(s) or the adopted person. First, it can do so to correct any error in the particulars contained in the order. Secondly, if satisfied that within the period of one year beginning with the date of the order any new name has been given to the adopted person, whether in baptism or otherwise, or has been taken by the adopted person, either in place of or in addition to a name specified in the particulars required to be entered in the Adopted Children Register (ACA 2002, Sch 1, para 4(1) and (2)).

10.2 The application for amendment of the order will inevitably occur when the proceedings have been concluded and therefore should be made using the procedure set out in FPR 2010, Pt 19. The application should set out the order that the applicant is seeking, the legal basis for it and why the order is being sought. It must be accompanied by written evidence on which the applicant intends to rely unless the information set out in the application notice provides sufficient information in support of the application and is verified by a statement of truth. The respondent(s) to the application will be those who were party to the original proceedings, but in view of the nature of the order sought the court may be asked to dispense with service on the respondent(s).

10.3 The court must send notice of the amendments made to the order to the Registrar General, specifying the amendments made with sufficient particulars to enable the Registrar General to identify the case (ACA 2002, Sch 1, para 4(3)). Any certified copy of the relevant entry in the Adopted Children Register must be a copy of the order as amended without the reproduction of any note or marking relating to the amendment. A copy or an extract of an entry in any register or record is deemed to be an accurate copy, provided that the marking and the cancellation have been omitted from it (ACA 2002, Sch 1, para 4(7) and (8)).

116 Adoption Law: A Practical Guide

REVOCATION

10.4 Where a child of unmarried parents is adopted by one of the parents as a sole adoptive parent and the parents subsequently marry so that the adopted person becomes legitimated on the marriage of his natural parents, the court may, on the application of the parties concerned, revoke the order (ACA 2002, s 55, Sch 1, para 4(3)...

To continue reading

Request your trial
Navigation index

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT