X and Y (Children: Adoption Order: Setting Aside), Re

X and Y (Children: Adoption Order: Setting Aside), Re

The High Court does not have inherent parens patriae jurisdiction to revoke a validly made adoption order on welfare grounds. The statutory scheme for adoption under the Adoption and Children Act 2002 is comprehensive, final, and permanent, with revocation permitted only in the narrow case of legitimation. Any exercise of inherent jurisdiction to revoke an adoption order would impermissibly cut across the statutory scheme and is excluded. The appeal is dismissed.

Parties
Appellant: AM; First Respondent: BM; Second Respondent: Y; Third Respondent: X; Intervener: Secretary of State for Education; Intervener: CoramBAAF; Intervener: The Association of Lawyers for Children; Intervener: The International Centre for Family Law, Policy and Practice
Jurisdiction
England and Wales
Judgment Date
22 April 2026
Procedural Posture
Appeal / Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Adoption, Inherent Jurisdiction, Revocation of Adoption Orders, Parens Patriae, Statutory Interpretation
Family Law Child Law Adoption Inherent Jurisdiction Revocation of Adoption Orders Parens Patriae Statutory Interpretation

Case Brief

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Parties

AM

Appellant

BM

First Respondent

Y

Second Respondent

X

Third Respondent

Secretary of State for Education

Intervener

CoramBAAF

Intervener

The Association of Lawyers for Children

Intervener

The International Centre for Family Law, Policy and Practice

Intervener

Procedural Posture

Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the High Court has inherent jurisdiction to revoke a validly made adoption order on welfare grounds
  2. 2 Whether the statutory scheme for adoption precludes the exercise of parens patriae powers to revoke adoption orders

Ratio Decidendi

The High Court does not have inherent parens patriae jurisdiction to revoke a validly made adoption order on welfare grounds. The statutory scheme for adoption under the Adoption and Children Act 2002 is comprehensive, final, and permanent, with revocation permitted only in the narrow case of legitimation. Any exercise of inherent jurisdiction to revoke an adoption order would impermissibly cut across the statutory scheme and is excluded. The appeal is dismissed.

Court Disposition

Appeal dismissed