Timothy Bowe KC and Mark Cooper‑Hall acted for Y, one of the adopted children, in a landmark Supreme Court appeal concerning the court’s jurisdiction to revoke a validly made adoption order. They were instructed by Whatley Recordon Solicitors.
Elisabeth Richards, led by Andrew Norton KC (1GC), acted for the birth mother (BM). They were instructed by David J Foster & Co.
The appeal raised a question of fundamental importance in family law: whether the High Court has any inherent jurisdiction to set aside a valid adoption order, other than by appeal or under the limited statutory exception of legitimation. The case engaged issues of permanence in adoption, identity, and the limits of the court’s inherent powers.
In a judgment handed down on 22 April 2026, the Supreme Court dismissed the appeal, holding that there is no inherent jurisdiction to revoke a valid adoption order on welfare or identity grounds. The Court confirmed that adoption is a complete and permanent status change governed entirely by statute, and that any power to permit revocation would require legislative intervention.
Although the Court acknowledged the significant personal and identity issues raised on behalf of Y, it concluded that such considerations cannot create jurisdiction where Parliament has deliberately chosen not to do so.
Authors
Timothy Bowe KC
Mark Cooper-Hall
