Doe & ors v Commissioner of An Garda Siochana & ors (Approved) [2025] IESC 44 (07 November 2025)
The Constitution does not require the State to issue birth certificates in names other than those accurately recorded in the register; the right to identity is not engaged where the register is accurate, and there is no free-standing constitutional right to dignity that would support the appellants' claim.
- Citation
- [2025] IESC 44
- Parties
- Plaintiff/appellant: Robert Doe; Plaintiff/appellant: Jane Doe; Plaintiff/appellant: Alan Doe (a minor suing by his mother and next friend Jane Doe); Plaintiff/appellant: Brendan Doe (a minor suing by his mother and next friend Jane Doe); Plaintiff/appellant: Ciara Doe (a minor suing by her mother and next friend Jane Doe); Plaintiff/appellant: Darren Doe (a minor suing by his mother and next friend Jane Doe); Defendant/respondent: The Commissioner of An Garda Síochána; Defendant/respondent: The Minister for Justice and Equality; Defendant/respondent: Ireland; Defendant/respondent: The Attorney General
- Jurisdiction
- Ireland
- Judgment Date
- 07 November 2025
- Procedural Posture
- Appeal / Supreme Court Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Right to Identity, Birth Certificates, Human Dignity, Equality Before the Law, Civil Status Documentation
Case Brief
Summary, issues, holding and outcome
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Parties
Robert Doe
Plaintiff/appellant
Jane Doe
Plaintiff/appellant
Alan Doe (a minor suing by his mother and next friend Jane Doe)
Plaintiff/appellant
Brendan Doe (a minor suing by his mother and next friend Jane Doe)
Plaintiff/appellant
Ciara Doe (a minor suing by her mother and next friend Jane Doe)
Plaintiff/appellant
Darren Doe (a minor suing by his mother and next friend Jane Doe)
Plaintiff/appellant
The Commissioner of An Garda Síochána
Defendant/respondent
The Minister for Justice and Equality
Defendant/respondent
Ireland
Defendant/respondent
The Attorney General
Defendant/respondent
Procedural Posture
Appeal / Supreme Court Judgment
Legal Issues
- 1 Whether the State is constitutionally obliged to issue birth certificates in names different from those accurately recorded in the register of births
- 2 Whether refusal to issue such certificates violates the right to identity or other constitutional rights
- 3 Whether there exists a free-standing constitutional right to dignity
Ratio Decidendi
The Constitution does not require the State to issue birth certificates in names other than those accurately recorded in the register; the right to identity is not engaged where the register is accurate, and there is no free-standing constitutional right to dignity that would support the appellants' claim.
Court Disposition
Appeal dismissed
Full Case Text
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