High Court Permits Foster Parents to Adopt Girl Abandoned by Birth Mother

The foster parents of a young woman who was abandoned by her biological mother has been granted permission by the High Court to legally adopt their foster child.

At the age of seven, the young woman was removed from the care of her biological mother due to neglect of the child.

The child had suffered from repeated soiling, eventually leading to a 28 day stay in hospital and a severe bowel condition. The mother then refused to act in compliance with the advice of medical staff or implement the relevant treatments prescribed, at which point the child was placed in to voluntary care.

Although the judge ruled that there was no evidence the birth mother intentionally intended to neglect, harm, or abandon the child, he determined that she simply lacked the capability to appropriately raise and care for the child without reasonable fear for her wellbeing and safety.

The judge determined that the consent of the birth mother in the adoption order could be overlooked in this instance, which he deemed as “wholly proportionate and necessary in the circumstances of this case”, adding that the young woman has “thrived” in the care of her new family.

Adoption Law in Ireland

Under the terms of the Adoption (Amendment) Bill 2016, foster parents can legally adopt children that have been in their care for a period of at least 18 months.

Under the terms of the legislation, when the biological parent/parents have failed in the duty of care for the child for 36 months, the High Court has the authority to proceed without parental consent and enable the Adoption Authority to make an adoption order for the child.

Adoption in Ireland is a wonderfully positive service, offering children across the country the chance for a happy and stable life, which is the minimum that every child deserves and should be granted where possible to do so.

While every measure should be taken to ensure that positive family reunification is achievable, adoption is a viable alternative when the best interests of the child are at the forefront of any discussion surrounding their welfare.

Seeking Legal Counsel

If you, a family member, or a loved one are seeking further information pertaining to any area of family law, please do not hesitate to speak to a member of our legal team who will be happy to provide you with confidential and expert advice.



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