Thirty years ago, more than 1,000 babies were handed to mostly loving and caring adoptive parents in Ireland each year. In 2004, when baby Ann's mother made that decision, just 45 other mothers were in a similar predicament.

It seems clear from the outset that she had doubts within a relatively short time, although she went ahead with pre-adoptive foster care and agreed to have her baby girl adopted by the couple at the centre of last week's Supreme Court case.

She was assured that those doubts were normal and felt by all birth mothers in such situations. Whether she was persuaded against her better judgement to go along with the adoption process or whether she got collywobbles later, the outcome was the same. By the time her baby girl was 14 months old, she wanted her back.

The transcripts of the Supreme Court and High Court cases indicate that, had the option of open adoption been available with legal protection of those rights, baby Ann's mother may have taken a different view.

Open adoption depends on the willingness of birth and adoptive parents to agree on terms of access or information. It is not always the perfect solution and it can be difficult. But it can also be an enriching experience for the child involved and, provided it is based on a lifelong commitment of trust and communication, it can work.

It is perfectly understandable that baby Ann's parents, particularly her mother, would not want to close the door on her and throw away the key. While they may have felt adoption was the best for their daughter, they obviously wanted the chance to share all her biggest milestones . . . learning to walk, birthday parties, the first day at school.

The concept of open adoption grew from the discontent of all parties . . . the birth parents, the adoptive parents and most importantly the adopted child. It allowed birth parents some input into the future of their children and it allowed new families to know the importance of the genetic family.

It is certainly a humane alternative to practices of the past . . . informal or illegal adoptions, situations where birth mothers were hidden away and their offspring labelled illegitimate, and in recent history, closed adoptions where even in adulthood adopted children could not breach a birth mother's confidentiality.

The problem with open adoption is that it is voluntary and there is no legal protection if this relationship breaks down or no guarantee of enforcement. If that worried baby Ann's mother, it was a legitimate concern.

The modernisation of Ireland's adoption laws are long overdue. In other countries, with protection of open adoption, more birth mothers made the adoption choice. Badly needed new legislation in this area could provide a balance of rights for the natural parent, the child and the adoptive parents.

In January last year, the Minister for Children, Brian Lenihan, announced legislative proposals that would give power for the Adoption Authority to attach conditions to an adoption order, allowing for ongoing contact with the birth family, where this is in the best interests of the child. Last week, he said he would examine the implications of the Supreme Court judgement for legislative change in the adoption code.

Had the forthcoming constitutional amendment to provide for children's rights and minister Lenihan's adoption law changes been in place in time, they could possibly have averted terrible heartache for baby Ann, her birth parents and the young couple who face the prospect of handing her back any day now. We will never know what the outcome could have been, but we must now ensure that such a situation is never repeated.