The High Court has authorised the adoption of a teenager who has lived with the same foster family since infancy, despite opposition from his birth father.
In a judgment delivered on 19 May 2026, Ms Justice Nuala Jackson found that the cumulative statutory requirements for an adoption without full parental consent had been satisfied in the case of M, who is almost 14.
M was born prematurely in 2012 with significant additional needs and entered foster care shortly afterwards. He has remained with the same carers throughout his life. The court heard that they had consistently met his physical, psychological, educational and medical needs and that he had thrived in their care.
M’s birth mother consented to the adoption application and acknowledged the high standard of care provided by the prospective adopters. His birth father opposed the application, saying he loved M and could not consent to the legal termination of his parental status.
The court accepted that the father had maintained regular contact with M and had consistently attended access. However, it found that he had never exercised the day-to-day parental role or taken responsibility for decisions concerning M’s education, welfare and upbringing. Those responsibilities had remained with the foster carers.
Ms Justice Jackson held that the statutory concepts of failure of duty and abandonment focus on the objective reality of the parental role rather than on blame or lack of affection. She found that, in practical terms, the parental function had been left to the prospective adopters throughout M’s life.
The court also considered M’s own views through an independent guardian ad litem. M demonstrated a clear understanding of adoption and consistently expressed a wish to become an official and permanent member of the family in which he had grown up, while remaining in contact with his birth family.
The judge concluded that adoption was proportionate and in M’s best interests, giving him the emotional and legal security of full family membership. The court therefore authorised the Adoption Authority to proceed and dispense with the necessary parental consent.