The High Court has quashed the adoption of a girl identified as S. after finding that her natural father was wrongly excluded from the adoption process.
W.S. was named as S.’s father on her birth certificate. He and the child’s mother, N.L., had been in a relationship before and after S. was born in January 2001, and the court found that he had played a significant role in her life for almost three years.
Their relationship later broke down amid serious difficulties. N.L. alleged violence and threatening behaviour by W.S., allegations he disputed. It was accepted that he set fire to their council home in December 2003. He later pleaded guilty to arson and received a three-year suspended sentence.
After W.S. left Ireland in 2004, N.L. married P.L. The couple applied to adopt S. The Adoption Board decided in July 2006 not to notify W.S., relying largely on information supplied by the prospective adopters about his behaviour and whereabouts. The adoption order was made on June 26, 2007.
Mr Justice O’Neill held that W.S. had enjoyed family life with S. for the purposes of Article 8 of the European Convention on Human Rights. That meant the Board was obliged to take reasonably practicable steps to consult him unless exceptional circumstances justified excluding him.
The judge found that the Board had relied on inadequate, one-sided material and had not obtained sufficiently reliable independent evidence before deciding to withhold notification. He also found that no effort had been made to locate W.S., despite practical avenues being available.
The court concluded that allowing the adoption to proceed without consulting him breached his constitutional right to fair procedures and natural justice, as well as his Convention rights.
The adoption order was quashed. The application was returned to the Adoption Board, which was directed to consult W.S. and give him an opportunity to be heard before deciding the adoption application again.