Accessing (familial) justice and challenging traditional norms of permanence: an analysis of recent caselaw involving (en)forced adoptions in England and Wales

This paper offers analysis of recent changes and controversies in adoption law jurisprudence in - for example - England and Wales [i.e. the high profile case of Re X &amp; Y (Children: Adoption Order: Setting Aside) [2025] which is the subject of a pending Supreme Court Appeal, involving an adoptive parent’s bid to revoke a long-standing adoption order. The European Court of Human Rights has dealt with similar issues recently e.g. on accessing health records, information on relinquished children, and the putative ‘right’ to not be denied a potential future reunion. There are learnings to be gained from a comparative analysis of the differing, evolving approaches to the issue of identity access, and the weakening notion of irrevocability in adoption. The paper is timely given also that NI is currently mid-way through a redress process for survivors of forced adoptions in certain institutions. The ROI is likewise about to see formal analysis of its 2022 Act (on Birth Information &amp; Tracing] which is dealing – to a very limited extent – with the issue of accessing birth and early life records of adoptees.<br/>