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'Words count': judge says use of word 'abandonment' in adoption laws causing unnecessary hurt
Summary
In a High Court decision on a teenage boy's adoption application, Mr Justice Max Barrett criticised the use of the word "abandonment" in adoption law for causing unnecessary hurt. He noted that the boy, who has lived with a foster family since infancy, wished to be adopted by that family, which the Adoption Authority supported. The boy's birth parents had limited contact, and his natural mother neither objected nor consented, fearing the boy would feel abandoned. Barrett argued that terms such as "non‑performance of parental duties," "disavowal," or "relinquishment of parental rights" would be less hurtful. He emphasized that the judge's remarks were made in the context of the boy's best interests and that the adoption should proceed with the foster parents' agreement to facilitate access to the birth parents if desired. The decision highlighted the impact of language in family law statutes.
Who, what, where, when and why
What: Report matter: 'Words count': judge says use of word 'abandonment' in adoption laws causing unnecessary hurt. Procedural stage: sentence
When:
- 2022-05-12 Publication
Why: This, the judge said, was because she did not want the boy to feel he was given away or abandoned by her. CNI source report
Case subjects
Accused
Outcome: While that sentence means one thing legally, what natural parents who are not lawyers take from that conclusion is that they elected to cast aside their child and that is a quite awful thing for them to have to bear, he said. "Words count and judgments endure," Mr Justice Barrett said. "Why needlessly hurt the feelings of people whose child is adopted," he said.
Places mentioned
- High Court
Topics
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