Judge criticises adoption ‘system failure’ that upset birth mother

A High Court judge has criticised the "system failure" that led to an 11th-hour adoption application and caused stress and upset to a teenager's birth mother.

In a recently published judgment, Mr Justice John Jordan said it was with a "considerable degree of reluctance" that he granted approval for the "last minute" adoption of a 17-year-old boy by his foster parents who had cared for him for almost all of his life.

While approving the application as in the boy's best interests, the judge emphasised his concerns about the Tusla, Child and Family Agency (CFA), approach to adoptions that could have been foreseen years beforehand.

This rush could have been avoided if “necessary and timely action” was taken years ago to advise and counsel the individuals involved, he said.

In Ireland, adoptions can be carried out only before a child turns 18.

The lateness of this application, which came as the boy approached his 18th birthday, left his birth mother “between a rock and a hard place” in opposing the application, as the child’s life had passed by, the judge said.

In this case, the CFA should have discussed adoption with the foster parents many years ago, he said.

The birth mother has not had access to her son for the last decade, although she said she tried unsuccessfully in more recent years, said the judge.

The teenager’s voice could be heard “loud and clear” in favour of adoption and there “isn’t any doubt” the adoption was in his best interests, said the judge.