Proposed adoption by foster carers is in the best interests of the child

Adoption – married couple who fostered the child are the prospective adoptive parents – birth mother unable to look after her child – child subject of court proceedings – access – visits with mother - court is satisfied that the birth mother was not able to look after the child – court satisfied that access was quite difficult – more could have been done to open lines of communication – more meaningful relationship could have been nurtured – birth mother mental condition and general circumstances did improve with treatment and medication - strong relationship with her foster carers – child herself decided to stop her access with her mother - balancing of the parental duties and parental rights – Adoption Authority is supportive of adoption – delay in progressing the adoption - welfare of the child – legal position – Irish jurisprudence – best interests of the child - United Nations Convention on the Rights of Persons with Disabilities - European Convention on Human Rights – European law - United Nations Convention on the Rights of the Child – adoption application – court accepts the birth mother’s grievances at how she was treated by the “system” – child’s views – birthmother has failed in her duty towards the child such that the safety or welfare of the child would be negatively affected - State, as guardian of the common good, should supply the place of the parents/the birthmother - adoption a proportionate means by which to supply the place of the parents, and, in particular, of the birthmother – correct to approve the adoption in the circumstances of the case – Court has very real concerns about the impact a refusal might have on the welfare of the child – rights of the mother not taken seriously –application meets statutory requirements – best interests of the child lie with granting the adoption - adoption application granted.