In the matter of the Adoption Act, 2010, Section 49 (2), and in the matter of JB (a minor) and KB (a minor) [2018] IESC 30 (16 July 2018)

In the matter of the Adoption Act, 2010, Section 49 (2), and in the matter of JB (a minor) and KB (a minor) [2018] IESC 30 (16 July 2018)

The Supreme Court held that the Country A adoption is not recognisable in Ireland under the Adoption Act 2010 or common law due to non-compliance with the mandatory requirements of the Hague Convention and the Act. The Adoption Authority does not have jurisdiction to make a domestic adoption order in respect of the children while the foreign adoption stands, and the statutory framework does not permit circumvention of these requirements based on the best interests of the child alone. The children remain eligible for adoption only if the statutory preconditions are met. The Court emphasised that the statutory regime is exclusive and mandatory, and that pragmatic or humanitarian...

Citation
[2018] IESC 30
Parties
Applicants: CB and PB; Subjects of Adoption: JB (a minor) and KB (a minor); Notice Party: The Attorney General
Jurisdiction
Ireland
Judgment Date
16 July 2018
Procedural Posture
Appeal (case Stated) / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal allowed
Legal Topics
Adoption, Intercountry Adoption, Recognition of Foreign Adoptions, Statutory Interpretation, Best Interests of the Child
Family Law International Law Constitutional Law Adoption Intercountry Adoption Recognition of Foreign Adoptions Statutory Interpretation Best Interests of the Child

Case Brief

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Parties

CB and PB

Applicants

JB (a minor) and KB (a minor)

Subjects of Adoption

The Attorney General

Notice Party

Procedural Posture

Appeal (case Stated) / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the Country A adoption is recognisable in Ireland under the Adoption Act 2010 or common law
  2. 2 Whether the Adoption Authority has jurisdiction to make a domestic adoption order in respect of the children given the pre-existing Country A adoption
  3. 3 Whether the original status of the children remains if a foreign adoption is not recognised

Ratio Decidendi

The Supreme Court held that the Country A adoption is not recognisable in Ireland under the Adoption Act 2010 or common law due to non-compliance with the mandatory requirements of the Hague Convention and the Act. The Adoption Authority does not have jurisdiction to make a domestic adoption order in respect of the children while the foreign adoption stands, and the statutory framework does not permit circumvention of these requirements based on the best interests of the child alone. The children remain eligible for adoption only if the statutory preconditions are met. The Court emphasised that the statutory regime is exclusive and mandatory, and that pragmatic or humanitarian...

Court Disposition

Appeal allowed

Orders

  • The Supreme Court allowed the appeal and answered the questions of law as set out in the judgment, confirming that the Country A adoption is not recognisable in Ireland and that the Authority lacks jurisdiction to make a domestic adoption order in the circumstances.