Concern over delays in adoption of Baby Ann

THE Irish Foster Care Association has expressed concern about delays by the Adoption Board in finalising the adoption process involved in the landmark Baby Ann ruling by the Supreme Court this week.

The IFCA, which provides support and information to foster parents, said it had appeared that somebody had been “dragging their heels” over the failure of the Adoption Board to sign an adoption order.

Such an action is the final step in the adoption process and should have followed after the child’s natural mother had signed a final consent form in July 2005 to allow the adoption go ahead.

Ann’s mother had originally signed an initial form consenting to the placing of her daughter for adoption in September 2004.

The Adoption Board, which held a board meeting yesterday including a discussion on the Baby Ann case, could not be contacted for comment last night.

A total of 273 adoption orders were made in 2004 — the latest year for which figures are available.

The number of adoptions in the Republic has declined dramatically since the 1980s when there were more than 1,000 adoption orders made each year.

Just under 1.4% of all children born outside marriage are now placed for adoption compared to over 80% of all such births during the 1960s.

In 2004, the making of an adoption order was carried out within 18 months of the original consent in just over 60% of cases.

IFCA spokesman Pat Whelan said prospective adoptive parents experienced great uncertainty during such a period.

“The adoption order in the Baby Ann case should have been signed and questions have to be asked why there was a delay,” said Ms Whelan.

“The IFCA feels that this week’s ruling was not necessarily the right decision but it was the only one that could have been reached under the current law,” said Ms Whelan.

The Supreme Court ruled that the 28-month-old girl, who has been minded for two years by foster parents who hoped to adopt her formally, should be returned to her natural parents.

However, the IFCA welcomed proposals by Minister for Children, Brian Lenihan, to amend the Child Care Act to allow foster carers to take out special guardianship for children in their care.

But Ms Whelan said further legislation was necessary to allow for the greater use of “open” adoptions, whereby natural parents retain some level of access to children in the care of either foster and adoptive parents.

“Open adoptions are the exception rather than the norm even though they can have many benefits for children,” said Ms Whelan.

Meanwhile, family law expert, Geoffrey Shannon, said unlike in other jurisdictions, the foster parents of Baby Ann would have no legal entitlement to regain custody of her in the event that her natural parents were to separate or divorce.

“That potential does not exist as either the mother or father would be entitled to retain custody,” he explained.