While acknowledging the birth mother’s significant progress in overcoming her personal issues, Justice Nuala Jackson of the High Court sanctioned the adoption of two teenage boys by their long-term foster parents. The decision came after the boys expressed a desire for pedmanency and legal acknowledgment of their de facto family life of over ten years, choosing not to maintain contact with their birth mother.
Even though the birth mother initially challenged the adoption, arguing it to be excessive and suggesting alternative legal solutions, she did not deny that her sons were taken into care when she was battling alcohol dependency compelling her inability to look after them consistently.
The biological father of one boy, originally against the adoption, later gave his consent. His knowledge of his son came after the boy went into care. On discovering his paternity, he formed a relationship with his son, became a guardian, and arranged regular visitations, amid dealing with personal hardships including addiction and homelessness.
Justice Jackson praised both biological parents for their hard effort and progress in reclaiming their lives. However, she emphasised the boys’ desire to become permanent members of the family they have identified with for many years.
The birth parents questioned Tusla’s performance regarding support and preserving the children’s roots and identity, expressing worry that their views were being manipulated by another party. Tusla, however, assured that the adoptive parents advocate the children’s comprehension of their biological lineage and identities.
Justice Jackson reached the verdict that the boys had established their own opinions. She was particularly moved by a statement made by the older child, who voiced his wish to be formally recognised as part of his existing family where he experiences a sense of normality.
“He asserted, “In this family, I have the chance to live life like any other child. Here, I feel secure, cherished, considered, cared for, desired, and shielded.”
The Justice identified that the biological parents have been “incapable of fulfilling parental responsibilities” for a considerable length of the boys’ lives due to various factors. She judged they are not equipped to provide the boys with an environment that would not adversely impact their security and wellbeing.
She requested the adoptive parents to commit to supporting the boys’ preferences in terms of maintaining contact with their biological parents and gaining knowledge about their original families.
The legal prerequisites were deemed satisfactory for her to confidently consent to the adoption orders for both boys.