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01 May 2026
Issue: 8159 / Categories: Case law , In Court , Law digest
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Law digests: 1 May 2026

Adoption

Re X and Y (Children: Adoption Order: Setting Aside) [2026] UKSC 13

The Supreme Court dismissed the appellant, AM, the adoptive mother’s, appeal, holding that the High Court has no inherent parens patriae jurisdiction to revoke a validly made adoption order. AM was the adoptive mother of two children, X and Y. X and Y are no longer children, having both now turned 18. The central question was whether the court possesses any jurisdiction to set aside a validly made adoption order in favour of AM, other than by way of appeal. The court held that adoption is entirely a creature of statute and the Adoption and Children Act 2002 (ACA 2002) makes no provision for revocation of a validly made adoption order on welfare grounds, save for the narrow legitimation exception in s 55. The parens patriae jurisdiction has never extended to reordering parental responsibility by extinguishing it in natural parents and transferring it to adoptive parents. Such powers were only created by statute through the Adoption of Children Act 1926. ACA 2002 made adoption orders final and permanent

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

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