Courts / Ireland / Report

Couple take High Court action to have adoption of daughter recognised here

Date
2023-04-18
Stage
Hearing Or Decision

Summary

A married couple, whose identities are withheld for legal reasons, have filed a High Court challenge against the Adoption Authority of Ireland's refusal to formally recognise or register the adoption of their second daughter, who was adopted in a foreign jurisdiction. The couple first adopted a child abroad while living in Ireland; that child has since obtained Irish citizenship. For the second child, they moved to the country where the adoption took place, became habitually resident there, and completed a local adoption that was recognised in that country. After returning to Ireland several years ago, they have repeatedly applied to register the second adoption with the Irish Adoption Authority. The Authority has rejected their applications, citing failures to meet Irish legal requirements and lack of habitual residence at the time of adoption. The couple argues the refusal is unlawful, alleging misapplication of Irish and European law and violations of constitutional family rights and the European Convention on Human Rights.

Who, what, where, when and why

What: Report matter: Couple take High Court action to have adoption of daughter recognised here. Procedural stage: hearing_or_decision

When:

Why: The court heard that they moved to the country where they adopted both their children in order to become habitually resident there. Court evidence reported by CNI

Places mentioned

Court Venue
  • High Court

Topics

Stage Hearing Or Decision

Read the original CNI report

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