K, Re Application To Adopt

(a) The mother did not wish to give oral evidence before me but she did put in to the court two letters two pages each in length which poignantly outlined the deep love which she holds for K whilst at the same time recognising that she was not currently able to look after her. I have also read the statements which she put into the court at an earlier stage and she relied on these also.

(b) She recognised that Mr and Mrs D were exemplary foster carers and that the child has thrived whilst in their care.

(c) She did not ask that the child be removed from their care but rather that she should continue to remain with Mr and Mrs D under the aegis of long term foster care or of a residence order. It was her view that adoption was too final a solution and would entail her losing her position as a mother and she did not want this to happen.

(d) She argued that if, as appeared to be everyone's case, the level of contact with the birth mother was to continue at the frequency of once per month, then that level of contact was inconsistent with an adoption order and more consistent with long term foster care. In particular she drew my attention to Re B (Adoption Order) 2001 2 FLR 26, an authority to which I shall return later in this judgment.

(e) Ms O'Hagan relied also on that part of the evidence Dr M where he indicated that if the mother was to lose regular contact with her child it would have a detrimental effect on her mental health. It is the intention of Dr M to introduce some new medication for the mother's mental condition and it is hoped that this will bring about a good improvement albeit the condition will not be completely repaired. In his view if the child was to be adopted and the mother did not consent, that would have some effect on her but not as much a detrimental effect as if contact were to be stopped.