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Well, the debate continues, nature vs. nurture, but in Ireland today, the court ruled in favor of the foster parents over the biological birth mother.
THE High Court has granted custody of a two-year-old to the child’s foster parents, despite an application by the natural mother for the toddler to be returned to her care.
The landmark ruling, giving foster parents greater rights than a child’s natural mother, has since been sent to the Supreme Court on appeal. If the appeal is upheld, the decision will have wide-ranging implications for Irish parents.More than two years ago, a woman who had just given birth consented to have her baby placed in the care of foster parents. She later married and sought to have the child returned by adoption. But the foster parents objected, prompting an unprecedented nature-versus-nurture battle in the High Court.
This is an issue that has been presented many times in the USA with the bio-parents usually gaining or re-gaining custody of the children.
But here is where it gets interesting. The court heard evidence of attachment – and “psychological” parents – a first in custody rulings in Ireland.
During a three-week hearing, the foster parents argued that in the two years the child had been in their care, they had formed a firm attachment. They claimed that as the child’s “psychological” parents, it would be detrimental to the toddler’s welfare to remove them from familiar surroundings and their primary caregivers.
This case will be watched worldwide and especially by foster parents in the US hoping to adopt their long term foster children.
The ruling is a big victory for the rights of temporary and substitute parents over the rights of natural parents, which are enshrined in the constitution.
If upheld by the Supreme Court, the judgment would affect the 4,200 children currently placed in foster care by the Health Services Executive. It could also affect the rights of other non-nuclear families, as custody may now be decided on the basis of with whom a child has bonded, not who is the biological parent.
If the High Court ruling is upheld, future Irish child custody battles, especially relating to children under five, may have to be examined through the lens of attachment theory, a psychological analysis popularised by American psychologists. Attachment theory holds that a consistent primary caregiver is necessary for a child’s optimal development and places importance on the connection an infant forms with the caregiver.
I sure am glad that I’m not the one making decisions like this. Leave it to the judges. How difficult it would be!
Complete article here
