High Court, in two adoption cases involving siblings who live with the same foster parents where the fathers are unknown and the mother is suffering from profound mental health difficulties, orders the adoption of the children without the consent of the parents where the statutory requirements were fulfilled
Adoption – two cases – same birth mother - same foster parents – mother is a vulnerable person with mental health difficulties – mother detained pursuant to the Mental Health Acts – children in care – whether the children wanted to be adopted – voice of the child – access – little engagement - returned to Nigeria – no contact with the biological fathers – children are settled and thriving - guardian ad litem on behalf of the birth mother – mother is too ill to engage in any discussion about the adoption application in respect of her two children – sister concerned that it is unfair to proceed when the mother is ill – mother is not in position to consent - cultural differences - every effort has been made to afford her a voice and representation and to respect her rights insofar as this application is concerned – legal principles - court is satisfied that all appropriate measures have been taken to ascertain the identity of the birth fathers – relevant period satisfied - no reasonable prospect that the parents will be able to care for the child in a manner that will not prejudicially affect his or her safety and welfare - no reasonable prospect that she will ever be able to care for either of the children - failure constitutes an abandonment on the part of the parents of all parental rights whether under the Constitution or otherwise with respect to the child - necessary to supply the place of the parents and that the adoption of the children by the foster parents is a proportionate means by which to supply the place of the parents – best interests of the children - delay – Court orders the adoption of the children –