FAMILY LAW
FAMILY LAW
Adoption Order for Teenager Made in Absence of Natural Parents Consent
A case came before the High Court where an adoption order was sought for a teenage girl
despite the lack of consent of the girl’s natural parents.
The teenager, ‘L’ was born in 2007 and with the consent of her natural parents had been in care
since her birth. Since the age of three she was with her current family.
L’s natural parents have had difficulties in their lives and their participation in her life has been limited to
supervised visits. Her father who was also adopted had a negative view of Child and Family Agency
due to his own personal experiences.
The applicant to the court was the Child and Family Agency, Tusla and the second named applicant for the adoption
of L but without the consent of her birth parents.
The judge, Ms Justice Jackson considered the law under the Adoption Act, 2010, as amended and case law. Section 54 (2A) (a)
which requires that it must be satisfied that for a continuous period of not less than 36 months immediately preceding the time
of the making of the application, the parents of the child to whom the declaration under s.53(1) relates have failed in their
duty towards the child to such extent that the safety or welfare of the child is likely to be prejudicially affected.
The provisions of the Act were disputed by the natural parents of L who told the court that they did not abdicate their responsibility
for L and that they always maintained contact with her.
The judge also considered under the Act whether there was a reasonable prospect that L’s natural parents would be able to care for her.
Here the court found guidance in the case of Re B [2023] IESC 12. This case said: ‘that abandonment does not necessarily mean or imply
abandonment in the sense of the physical abandonment of a child (although, of course, it could do so). The subsection is rather directed
at the question of the abandonment of parental rights vis-a vis the child.”
The judge took into consideration the proportionality of making such an adoption order for L in accordance with the legislation and
the case of Re B. This recognised that the child’s welfare is of central importance. The judge noted: ‘Adoption is rather a question of
status which has lifetime consequences going well beyond the issue of care during the minority of the child. The making of an adoption
order reflects the fact that a new family relationship has been created and this is one which is underpinned and
supported by the State and its legal system.”
The High Court judge found that the case before her was on similar terms as the case in Re: B on proportionality and that authorising of an
adoption order in respect of L was proportionate.
The judge found that the natural parents’ acceptance of her fosters’ parents’ positive role in L’s life as a good sign and she encouraged L
to maintain contact with her natural parents and in so doing the judge granted the order of adoption.
Child and Family Agency & The Adoption Authority of Ireland & Ors [2024] IEHC 678.