Couple take court action to have daughter's adoption recognised by the State

High Court reporters

A married couple has brought a High Court challenge over the refusal of the Adoption Authority of Ireland to formally recognise or register the adoption of their daughter which took place in a foreign jurisdiction.

The court heard that over a decade ago the couple, who cannot be identified for legal reasons, lived in a country outside of Europe.

The court heard they adopted their first child from the same foreign country while they were residing in Ireland and that child has obtained Irish citizenship. However, issues arose over the adoption of their second child.

The court heard they moved to the country where they adopted both their children in order to become habitually resident there. While in that jurisdiction, they effected a local adoption which was recognised in that country.

They moved back to Ireland several years ago, after the adoption took place.

Over the last number of years since their return, they have sought to formally register the adoption of their second child with the Adoption Authority of Ireland.

They claim they have provided details to the Adoption Authority of Ireland to show they were habitually resident in the country when the second adoption took place.

While they have been registered as their second daughter's legal guardians some years ago, the couple claims they remain unable to have the adoption formally recognised here.

They claim their efforts to do so have been rejected on grounds including that they did not fulfil certain legal requirements of Irish adoption laws and that they were not habitually resident in the other country when they adopted their second child.

They have also been found not to have intended to permanently settle in the other country at the time of the second adoption.

They claim the refusal to recognise the foreign adoption is flawed.

In its refusal, they claim the Adoption Authority has incorrectly applied Irish and EU law, has breached their constitutional family rights, and rights under the European Convention of Human Rights.

In their judicial review proceedings against the Adoption Authority of Ireland, Ireland and the Attorney General, they seek various orders and declarations, including a declaration that they are their child's legal parents.

They also seek orders quashing the Adoption Authority's refusal to register the foreign adoption order into the Register of Intercountry Adoptions, and they want the court to order the Adoption Authority to include the adoption on the register.

They further seek a declaration that the refusal to include the adoption on the register was unlawful.

The matter came before Mr Justice Charles Meenan who, on an ex-parte basis, granted the couple permission to bring their challenge.
The matter was adjourned to a date later this year.