Supreme Court decision on adoption orders in X and Y (Children: Adoption Order: Setting Aside) [2026] UKSC 13

23rd April 2026

Judgment from the Supreme Court in the landmark appeal case of X and Y (Children: Adoption Order: Setting Aside) [2026] UKSC 13 has just been handed down.

The case, which revolves around whether a court has jurisdiction to set aside a valid adoption order other than by way of appeal, featured 3PB family barristers Dorian DayDorian DayCall: 1987 and Samantha SmithSamantha SmithCall: 2007 for the applicant, led by Nick Goodwin KC and instructed by Emily Boardman at Boardman, Hawkins & Osborne LLP; and 3PB family barrister Kara CannKara CannCall: 2012 for the respondent X, being led by Hannah Markham KC and instructed by Jas Tamber at Anthony Collins Solicitors LLP. Dorian, Samantha and Kara are pictured here, left to right.

The case involved the application to revoke an adoption order for two children, X and Y, invoking the High Court’s inherent jurisdiction. The application was made by their adoptive mother, AM, and supported at first instance by both children and their birth mother, BM. The children were placed for adoption with AM in August 2012, and the case involved complex dynamics between the children and their birth family.

The Supreme Court's decision was to dismiss the appeal, confirming that there is no inherent first instance jurisdiction to revoke a valid adoption order on welfare or any other grounds. The court ruled that adoption is a complete and permanent status change governed entirely by statute, and any power to permit revocation would require legislative intervention.

To read the full judgment, please click here.