Supreme Court Dismisses Appeal on Adoption Order Revocation

The Supreme Court has dismissed the appeal in Re X and Y (Children: Adoption Order: Setting Aside) [2026] UKSC 13, affirming that the High Court lacks inherent jurisdiction to revoke a validly made adoption order.

Case Background

The appellant, AM, the adoptive mother of two children, X and Y, sought to have the adoption orders set aside. Both children have since reached adulthood, adding complexity to the legal proceedings.

Legal Analysis and Court's Decision

The court held that adoption is entirely a creature of statute under the Adoption and Children Act 2002 (ACA 2002), which makes no provision for revocation of a validly made adoption order on welfare grounds, save for the narrow legitimation exception in Section 55. The parens patriae jurisdiction has never extended to reordering parental responsibility by extinguishing it in natural parents and transferring it to adoptive parents.

Implications of the Judgment

This ruling clarifies that the High Court lacks the authority to set aside adoption orders outside the provisions specified in the ACA 2002. The decision underscores the finality and stability of adoption orders, reinforcing the legislative intent to provide permanent family structures for adopted children.

Conclusion

The Supreme Court's judgment in Re X and Y reaffirms the statutory boundaries of adoption law in the UK, highlighting the limited circumstances under which adoption orders can be challenged or revoked.