Re D.G. an Infant
Jurisdiction | Ireland |
Judgment Date | 01 January 1991 |
Date | 01 January 1991 |
Court | High Court |
- Free and full knowledge -Obligation on adoption society to ensure natural mother understands effect of adoption order and statutory provisions relating to consent -Whether adoption society could delegate this obligation to social workers not in its employment - Whether social workers had a conflict of interest - Whether compliance with obligation by adoption society a precondition to court's dispensing with natural mother's consent to final adoption - Adoption Act, 1952 (No. 25), s. 39 - Adoption Act, 1974 (No. 24), s. 3. Practice and procedure - Findings of fact - Oral evidence - Whether appellate court can interfere with decision of trial judge based on evidence at trial.
Section 39 of the Adoption Act, 1952, provides that an adoption society must furnish the natural mother of a child being placed for adoption with a written statement explaining the effect of an adoption order and the statutory provisions relating to her consent to such an order and that the society must ensure that the natural mother understands the statement and signs a document to that effect. Section 3 of the Adoption Act, 1974, allows prospective adoptive parents to apply to the High Court for an order dispensing with the natural mother's consent to the making of an adoption order in circumstances where the natural mother fails or refuses to give her consent or withdraws a consent already given. O.G., a fifteen year old unmarried schoolgirl, gave birth to a son, D., in January, 1987. The pregnancy and birth gave rise to much difficulty and ill-feeling within O.G.'s family. Before and at the time of the birth O.G. expressed a wish to have the child adopted but instead D. was placed in foster care. Six weeks after the birth O.G. removed D. from foster care and went to live in a hostel for unmarried mothers. In early 1988 O.G. underwent surgery and during this time her mother became involved in looking after D. After the operation O.G. moved back to her family home with D. During 1988, O.G. again expressed a wish to have D. adopted and began ongoing communication with a social worker, M.M., who through an adoption society located prospective adoptive parents, J.P. and S.P., who were suited to adopting an older infant such as D. O.G. signed a form consenting to the placement of D. for adoption by the society and J.P. and S.P. were given custody of D. in December, 1988. O.G.'s parents were unhappy with her...
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