The High Court has authorised the Adoption Authority of Ireland to make an adoption order for D.W. in favour of A.T. and J.T., after finding that both birth parents had failed in their duties towards the child. The court also dispensed with the birth father’s consent.
The judgment, delivered by Mr Justice Henry Abbott on 27 August 2015, arose from a special summons under section 54 of the Adoption Act 2010. The court said its orders were made in the terms sought in the summons, clearing the way for the Adoption Authority to make the adoption order. It did not itself make that adoption order.
D.W. was born in November 1997 to V.A. and D.W. (Senior). The judgment said the family experienced homelessness and that concerns about the children’s welfare were raised in 2002. The Homeless Persons Unit reported concerns that the children had been neglected and left without food for long periods. The judgment records that the birth mother asked social workers to take the children into care while she sought accommodation.
D.W. was placed with the T. family alongside siblings and remained with them at the time of the judgment. The birth mother died in 2008. The court said she died intestate and there was no testamentary guardian.
The court found that the birth father had failed in his duty to D.W. for at least the 12 months before the application, that the failure was likely to continue until D.W. turned 18, and that it amounted to abandonment of parental rights. The judgment records that the father had signed an NF2 form stating that he did not object to the proposed adoption.
In relation to the birth mother, the judge cited alcohol abuse, inappropriate care, neglect and her decision to place the child in care. The court said her death, without testamentary provision or a testamentary guardian, meant the failure in her duty had become ongoing and could not be remedied.
The judge heard evidence from both applicants and the child’s views in person, as well as considering affidavits and other documents. The court was satisfied that the applicants had provided and would provide a good home, and that adoption was in D.W.’s best interests.