Adoption and Baby Ann

S

sulo

Registered User
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Just thought I'd post my upset at hearing the supreme courts decision yesterday.

I feel for all parties concerned!
 
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It was a very hard case. My fear now is that this hard case will be used to frame a constitutional amendment. Just like the X case this will result in an attempt to place wording in the constitution that should be placed in legislation. I am not against an amendment to protect the rights of children but I think that this case will overshadow the referendum and another bad amendment to our constitution will follow.
Hard cases make bad laws and even worse constitutional amendments.
 
Is it correct that they actually hadn't adopted Ann, they were foster carers who were hoping to adopt her?
 
Ney!

The mother had given consent and offered Ann up for adoption - however, they then withdrew this consent (when Im not sure i.e if it was before the 6 months i speak off).

I again would have imagined, that within the 6 months, if they withdrew consent, the child is returned?? And there would have been no reason to go to the High Court?

Terrible case, and agree with Purple, changes made on foot of it, will no doubt need to be considered very carefully.
 
If the mother either refuses consent or withdraws consent already given, the adopting parents may apply to the High Court for an order. If the court is satisfied that it is in the best interests of the child, it will make an order giving custody of the child to the adopting parents for a specified period and authorising the Adoption Board to dispense with the mother's consent to the making of the Adoption Order.
 
The birth mother/parents had not signed the final adoption papers. The child was born in July 2004 and was placed with the prospective adoptive parents in November 2004. The birth mother visited the baby in September 2005 and decided she did not want to go ahead with the adoption and wanted the baby back. The birth parents got married in January 2006 which meant that, under the adoption act, the baby could never be adopted. The judgment was all about the legal aspects not what was right or wrong or in the best interests of the baby. The real tragedy though is that it took so long to resolve - from September 2005 to November 2006 - 14 months is a HUGE amount of time in the baby's life.
 

I really feel for both sides in this, but I was listening to a lady on the radio this morning from an adoption agency - she stated that the birth parents had been promised visiting rights which they never received - she felt that had they had visiting rights all along then the child would not be a stranger to them and the changeover would not be as traumatic as it probably will be for the child. Honestly, my own opinion on this is that although I feel so hugely sorry for the birth parents, given the childs age she should be allowed to stay with the other couple - her whole world has been wrapped up in these two people and today that will all be taken from her - all the familiar sounds and sights and smells - very very sad, I would hope that the adoptive parents are offered some sort of counselling after all of this. I don't suppose they would be allowed visitation rights
 
I think the Supreme Court decision was the right one.

The child will not be scarred for life by this.

She should be returned to her biological parents who and willing and capable of rearing her.

All going well they have a lifetime ahead to spend with their child.

To say the one wrong decision made when they were young and vulnerable should dictate the rest of the child's life is wrong.
 
Tragic situation but the only decision possible by the court, in a way.
Imagine if the adopted parents had been granted custody and then later telling the kid: " You're adopted - your biological parents wanted you back, but we stopped them"
 
I know of a girl who was adopted and when she was 18 years old she went looking for her birth mother. When she found her she allso found her father and 4 more in the family as her parents married 3 years after she was born. This girl is now 25 years old and is finding it very difficult to accept that her parents got married and didnt look for her.
Will it be easier for a 2 year old to adjust to his/her new family then an 18 year old?
 
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