A, B, C (A Minor Suing by His Next Friend, A) v The Minister for Foreign Affairs and Trade (Approved) [2023] IESC 10 (09 May 2023)

A, B, C (A Minor Suing by His Next Friend, A) v The Minister for Foreign Affairs and Trade (Approved) [2023] IESC 10 (09 May 2023)

The Supreme Court held that while a foreign parental order may be recognised in Ireland if the parties are domiciled in the foreign jurisdiction and there is no public policy objection, the term 'parent' in s. 7(1) of the Irish Nationality and Citizenship Act 1956 refers to a person who is a parent at the time of the child's birth. Since A was not C’s parent at the time of C’s birth, C does not qualify for Irish citizenship by descent under s. 7(1). The court rejected the argument that s. 7(1) could be interpreted to include persons who become parents after birth by virtue of a foreign court order, absent specific legislative provision.

Citation
[2023] IESC 10
Parties
Applicants/respondents: A, B and C (A Minor Suing by His Next Friend, A); Respondent/appellant: The Minister for Foreign Affairs and Trade; Notice Party: The Irish Human Rights and Equality Commission
Jurisdiction
Ireland
Judgment Date
09 May 2023
Procedural Posture
Appeal / Supreme Court Judgment
Outcome
Appeal allowed; High Court decision overturned
Legal Topics
Citizenship by Descent, Recognition of Foreign Parental Orders, Interpretation of 'parent' in Citizenship Statutes, Surrogacy and Legal Parentage, Discrimination and Equality Before the Law, Interpretation of Statutes in Light of Constitution and ECHR
Constitutional Law Citizenship Law Private International Law Family Law Citizenship by Descent Recognition of Foreign Parental Orders Interpretation of 'parent' in Citizenship Statutes Surrogacy and Legal Parentage +2 more

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Parties

A, B and C (A Minor Suing by His Next Friend, A)

Applicants/respondents

The Minister for Foreign Affairs and Trade

Respondent/appellant

The Irish Human Rights and Equality Commission

Notice Party

Procedural Posture

Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether a parental order made by an English court is capable of recognition in Irish law for citizenship purposes
  2. 2 Whether A is C’s ‘parent’ as intended in s. 7(1) of the Irish Nationality and Citizenship Act 1956
  3. 3 Whether s. 7(1) can bear the meaning urged by the applicants to enable a constitutional or ECHR-compliant interpretation

Ratio Decidendi

The Supreme Court held that while a foreign parental order may be recognised in Ireland if the parties are domiciled in the foreign jurisdiction and there is no public policy objection, the term 'parent' in s. 7(1) of the Irish Nationality and Citizenship Act 1956 refers to a person who is a parent at the time of the child's birth. Since A was not C’s parent at the time of C’s birth, C does not qualify for Irish citizenship by descent under s. 7(1). The court rejected the argument that s. 7(1) could be interpreted to include persons who become parents after birth by virtue of a foreign court order, absent specific legislative provision.

Court Disposition

Appeal allowed; High Court decision overturned

Orders

  • The Supreme Court allowed the Minister's appeal and set aside the High Court order that had directed the Minister to make a decision on the passport application for C on the basis that C was an Irish citizen by descent.