The High Court found that Joseph N. Dowse and Lala Dowse had breached their constitutional duty to their adopted son, Tristan, after leaving him in an Indonesian orphanage. It directed cancellation of the Irish registration of the adoption and ordered financial and other protections for him, with the case to return for review in six months.
The judgment, delivered by Mr Justice John MacMenamin on 13 January 2006, arose from two sets of proceedings. The Attorney General had sought orders to secure Tristan’s care and welfare, including bringing him to Ireland as an alternative. The Dowses separately sought cancellation of his entry in Ireland’s Register of Foreign Adoptions and further orders concerning his guardianship, custody, maintenance and citizenship.
Tristan was adopted in Indonesia in August 2001 and lived with the Dowses until May 2003. They then arranged for him to be placed in an orphanage. The court said the Indonesian order authorising his temporary placement with a couple did not permit placement in an orphanage, and found that the paperwork did not reflect what actually happened. The judgment also records the applicants’ account that the adoption had failed because bonding did not occur; the court did not have enough evidence to adjudicate on the precise circumstances of the adoption.
By October 2005, Tristan had been reunited with his natural mother and was living with her in Indonesia. The Attorney General’s proceedings were adjourned generally. The court said there was no basis on the evidence to remove Tristan to another country or return him to the Dowses. It found a clear breach of the constitutional duty owed by the adoptive parents, while considering whether cancellation would serve Tristan’s best interests and what safeguards were necessary.
The court ordered a €20,000 lump sum within one month and monthly payments of €350, divided equally between Tristan’s mother and a capital account for his benefit. The monthly amount was to rise with the Consumer Price Index. It also ordered a further €25,000 when Tristan turned 18, with capital payments paid into the High Court for his protection. The Dowses were directed to arrange insurance providing $120,000 to Tristan if Joseph Dowse died before Tristan reached 18.
The court ordered that Tristan’s natural mother be his sole guardian and have custody. It also preserved his rights to inherit from the Dowses and his right to seek relief under the Succession Act. The judgment said his Irish citizenship should continue, while noting that Indonesian citizenship and a passport might also benefit him.
The court did not make final orders disposing of the application. It scheduled a review in six months to check compliance and assess Tristan’s circumstances. The Attorney General’s proceedings remained adjourned generally.