'My daughter went into care... I always believed she was coming back to me'
The birth mother at the centre of a complicated adoption case where the Supreme Court unanimously upheld a decision that the adoption of the teenage girl by her foster mother, against the wishes of her birth mother, is correct.
A woman who yesterday lost a landmark case to stop her daughter from being adopted by her foster mother said she "always believed" she was coming back to her.
On Wednesday, a seven judge Supreme Court unanimously upheld a decision that the adoption of an 18-year-old girl, known as Ms B against the wishes of her birth mother, is correct.
Mr Justice Gerard Hogan said any conclusion to the contrary simply overlooks “the lived reality” of Ms B
The young woman, who cannot be named for legal reasons, was born with foetal alcohol syndrome with associated global developmental delay and a moderate general learning disability.
Her birth mother was in an abusive marriage and was raped and physically assaulted repeatedly, something acknowledged by the court.
The court heard the mother drank excessively to cope with the abuse she was undergoing during her first trimester and the child was taken into care shortly after birth.
Speaking to the following the ruling, the mother said she is “heartbroken”.
"I suffered a lot of abuse and drank to block it out. I didn’t know I was pregnant — I was trying to survive.
“My daughter went into care, and I always believed she was coming back to me.
“It is a very hard system when you are on your own and you don’t know what is going on. I lived in a rural place, away from my family.
"I was caught up in domestic violence, rape, you name it. I needed support.”
The court heard Ms B was born with special needs in 2004 following a 28-week pregnancy.
She was placed in voluntary care that year and two years later, her mother said she should remain with her foster mother because of the high level of care she required.
On July 17, 2007 a care order was granted by the District Court to leave the child with the foster mother until she reached 18. At the time, the mother did not object to the order.
"I felt I had no choice," said the natural mother. "I was under huge pressure and very isolated, I thought as things got better, I could get her back, you feel so small in these situations, it’s very hard to speak up for yourself and your family when your child is in care as anyone in my situation knows".
Ms B has lived with the foster mother all of her life and the court heard there was no question she provided the child with a “loving and happy home”.
The birth mother and her daughter had biweekly visitations from 2004 to 2008 when the mother moved away to be near her family after she suffered financial difficulties and the breakdown of her marriage.
"I'll never forget that time," she said. "It was the toughest part of my life".
In 2022, an adoption order was refused by the High Court following a legal challenge by the mother.
Judge Max Barrett said he was “not convinced” that the child fully understood the “legal implications of adoption”.
He was also critical of the role of the Child and Family Agency, Tusla, over its lack of support to keep mother and child in contact.
The natural mother said from 2012 to 2017 Tusla failed to provide financial support to allow her to visit her daughter and from 2014 to 2017 that no child in care review was conducted.
She was critical of Tusla, saying high turnover of social workers culminated in her learning her daughter was to be adopted from a form she was reading at a review meeting.
Tusla appealed the High Court's ruling with the support of the Adoption Authority of Ireland.
The appeals court found the adoption was needed for the continued protection of the child's "social, educational, physical, and psychological welfare”.
The birth mother still hoped for a reunification when she appealed the case to the Supreme Court.
In its judgment, the Supreme Court praised her fortitude, saying she has “managed to turn her life around from circumstances of profound adversity”.
“In 2005 I went to an alcohol treatment programme and stopped drinking,” she said.
“I did parenting courses and I got my two other children out of care — I worked very hard on myself. They are doing really well and are devastated over this case. That’s their sister.
“I went on to get a degree in college and I’ve a job and a home now. Things are good.
“I had no one guiding me. When my daughter was small and in care, I was literally fighting rent collectors from the door.
In a statement the Adoption Authority of Ireland said: “The Authority does not comment on individual cases. The Authority processes and manages all adoption matters that come before it in a transparent and accountable manner in accordance with the Adoption Act 2010 and the 1993 Hague Convention”.
A spokesperson for Tusla said it “acknowledges the judgement of the Supreme Court today. We understand that this was a very difficult case for those involved, and given the ongoing sensitivities around this case, it would not be appropriate for us to comment further”.
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