The Supreme Court today dismissed an appeal by the natural mother against a High Court order for the adoption of her teenage daughter who has been cared for by a couple since she was seven months old.
In her judgment Mrs Justice McGuinness said she was dismissing the appeal and confirming the High Court decision authorising An Bord Uchtála to make an adoption order in relation to the now 13-year-old girl in favour of the couple referred to as Mr and Mrs H.
The girl at the centre of the case, J.O'D. was born in December 1988 and is almost 14-years-of-age. Her mother, referred to a P.O'D, was 21 when her daughter was born. The High Court case heard P.O'D was mildly mentally handicapped with behaviour problems communication difficulties and problems of aggressive behaviour.
The High Court case heard how the mother was unresponsive to the needs of the baby and was unable to feed her or care for her in any way.
As a result the child was admitted to voluntary care and was placed in the care of Mr and Mrs H in August 1989.
At 18-months the child was diagnosed with cerebral palsy with right hemiplegia. Despite this she has attended a normal school and done well in education.
Mr and Mrs H. applied to An Bord Uchtála in May 1997 adopt the girl. The mother objected to the adoption and wished the child would remain permanently in the foster care of Mr and Mrs H.
The High Court case was heard in October 2001 before Mr Justice Herbert who ruled under the 1988 Adoption Order in favour of An Bord Uchtála making an adoption order in relation to J.O'D in favour of Mr and Mrs H.
The mother appealed this ruling under the Guardianship of Infants Act, 1964, which, her counsel argued, upheld her rights of guardianship and custody of her child.