'Baby Ann' to be returned to parents

The two-year-old girl who was the subject of a legal battle between her natural and prospective adoptive parents is to be handed…

The two-year-old girl who was the subject of a legal battle between her natural and prospective adoptive parents is to be handed back to her natural parents next month.

The Supreme Court said yesterday it was reassured to hear from counsel for all sides of the Baby Ann case that the process of preparing the child for transfer to the custody of her natural parents was going well and "should be satisfactorily concluded" during January next.

Chief Justice Mr Justice John Murray, in a ruling made public today, said the transfer process could not have gone as well as it has without the full cooperation and commitment of the couple who were the prospective adoptive parents.

Last month, the Supreme Court ruled that the child known as Baby Ann, who has lived with her prospective adoptive parents since she was three months old, is to be returned to her natural parents on a phased basis.

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In a landmark decision, the five judge court unanimously upheld an appeal by the natural parents of the girl against a High Court decision directing that Ann remain with her prospective adoptive parents.

The necessary compelling reasons had not been put forward to displace the constitutional presumption that's Ann's welfare would be best achieved in the care and custody of her natural parents, it held.

It ruled the basis of Ann's present custody with the prospective adopters is unlawful and that she must be returned to her natural parents on a phased and sensitive basis to be decided by the court in line with professional advice.

Ann was born in July 2004 when her natural parents were unmarried students and they placed her for adoption.

This was done in November of that year, and since then Ann has remained with the prospective adoptive parents although no final adoption order has been made.

The natural parents married in January 2006, which constituted them as a family unit under the Constitution and started proceedings to regain custody of Ann.