Adopted baby ‘Ann’ to be returned to natural parents next month

BABY “ANN”, the two-year-old girl who was the subject of a legal battle between her natural and prospective adoptive parents is to be handed back to her natural parents next month.

The Supreme Court yesterday said it was reassured to hear from counsel on all sides of the case that the process of preparing the child for transfer to the custody of her parents is going well and should be satisfactorily concluded during January next.

Chief Justice John Murray, in a ruling made public yesterday, said the process could not have gone as well as it has without the full cooperation and commitment of the couple who were the prospective adoptive parents.

Last month, the Supreme Court ruled the toddler, who has lived with her prospective adoptive parents since she was three months old, is to be returned to her natural parents on a phased basis.

In a landmark decision, the five-judge court unanimously upheld an appeal by the natural parents of the girl against a High Court decision directing that Ann remain with her prospective adoptive parents.

The necessary compelling reasons had not been put forward to displace the constitutional presumption that’s Ann’s welfare would be best achieved in the care and custody of her natural parents, it held.

It ruled the basis of Ann’s present custody with the prospective adopters is unlawful and that she must be returned to her natural parents on a phased and sensitive basis to be decided by the court in line with professional advice.

Ann was born in July 2004 when her natural parents were unmarried students and they placed her for adoption. This was done in November of that year, and since then Ann has remained with the prospective adoptive parents, though no final adoption order has been made. The natural parents married in January 2006, which constituted them as a family unit under the Constitution and started proceedings to regain custody of Ann.

Chief Justice John Murray said the court could not be but conscious of the fact that the prospective adoptive parents have had to face a “tremendously difficult and distressing situation for themselves”.

In spite of all these difficulties, emotional and otherwise, the couple have made every effort to cooperate and assist in that transfer process in the interests of the child.

The court, he said, should and does acknowledge the special commitment which they have given in “these difficult circumstances.” He said it was greatly to their credit and humanity that they have done so.

The natural parents he said had also cooperated sensitively with the prospective adoptive parents.

“It was a case which involved a great deal of emotion,” the Chief Justice said. Fortunately, he said, in the field of adoption, the circumstances which arose in this case are very rare.

The final order of the court in the case, he said is that the child be transferred to the custody of her natural parents in accordance with the HSE’s arrangements.