The High Court has granted approval for the adoption of S, a minor who was nearing his 18th birthday, by his relative foster parents, while expressing serious concern that the application came so late.
In an ex tempore judgment delivered on 7 July 2021, Mr Justice Jordan considered an application under section 54 of the Adoption Act 2010, as amended. S had been in the care of his relative foster parents since August 2004. The judge said he was satisfied that S understood adoption and wanted it to proceed, and that refusing approval would have a detrimental effect on him.
The judge found that the statutory requirements for approval were met. He said the evidence established that the birth mother had failed in her parental duty to the required extent, that there was no reasonable prospect she could care for S without prejudicially affecting his safety or welfare, and that the legal test for abandonment of parental rights was satisfied. He stressed that the court was not finding that she intended to abandon her son. The evidence also showed that S had lived with the applicants for the required period and that adoption was proportionate.
The judgment recorded the birth mother’s objection to the application’s timing and to what she considered an inaccurate characterisation of her. She did not consent, though her affidavit said she was prepared to accept S’s wishes if he wanted to be adopted. The judge found that she had not abandoned him in the ordinary sense and acknowledged that she had been content for him to remain in a good home. He also noted that her last access was in 2011, and that she said she had tried unsuccessfully to raise access in 2017 or 2018.
The judge described the application as rushed and said no good reason for the delay had been established in the evidence. He criticised the late timing and the resulting stress and unfair position for the birth mother, while acknowledging that contact between her and the Child and Family Agency had been extremely difficult for years. He said the agency should review its procedures and make efforts to maintain communication and support, and called for earlier action in cases where adoption is being considered.
The judge said he had serious misgivings and was on the point of refusing approval. He ultimately granted it reluctantly, saying the potential damage to S was the only thing stopping him from refusing. The judgment granted the approval sought; it also recorded the court’s concerns about the agency’s handling and the timing of the application.