Courts / Ireland / Report

Children left in legal limbo, High Court hears

Date
2014-03-31
Stage
Hearing Or Decision

Summary

In a High Court hearing, a married Irish couple, including the children's biological aunt, argued that the Adoption Authority of Ireland had wrongly refused to recognise an overseas adoption of a boy and a girl. The couple claimed the Authority's decision that the children were ineligible under the 2010 Adoption Act was flawed, citing factual errors in the Authority's letter, such as incorrect marital status and country of origin, and alleged that irrelevant factors were considered. They also argued the Authority failed to provide adequate reasons and applied policy too rigidly. The couple seeks orders to quash the Authority's decisions, declare no lawful impediment to adoption, and assert that the decision breached constitutional rights and the European Convention of Human Rights. Permission to proceed was granted ex parte by Mr Justice Michael Peart, with a return date set for early June.

Who, what, where, when and why

What: Report matter: Children left in legal limbo, High Court hears. Procedural stage: hearing_or_decision

When:

Why: by Aodhan O'Faolain Two young children have been left in "a legal limbo" because the Adoption Authority of Ireland refuses to recognise their overseas adoption to an Irish-based couple, the High Court has heard. CNI source report

Case subjects

Adoption Act

Applicant

Places mentioned

Court Venue
  • High Court

Topics

Stage Hearing Or Decision

Read the original CNI report

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