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Judgements Affecting Irish Adoption

(Note this is not a comprehensive list and we are constantly adding to it)

I'OT vs B & The Rotunda Girls Aid Society 1998
The judgement in the I'OT vs B case affects the release of birth certificates to adopted people, despite the fact that this case dealt with adoptions that occurred prior to 1952. The Supreme Court did recognise the constitutional right to know your natural mother, but said that this right had to be balanced against the natural mother's right to privacy.

Adoption Rights Alliance believes that this ruling is out of date with the Ireland of today, where past practices of church/state collusion have been exposed and acknowledged. We believe that it is time to test this judgement and to rebalance the ruling in favour of the group who had least say in their fate at birth

Download the judgement here

"Baby Ann" Judgement 2006
"Baby Ann" was born to unmarried parents and was subsequently adopted. Her natural parents later married and during the adoption process withdrew their consent to the adoption. The High Court had originally ruled that "Baby Ann" should remain with the prospective adoptive parents. The Supreme Court later overturned that judgement and she was returned to the custody of her natural parents.

Adoption Rights Alliance asserts that the "Baby Ann" case is a sad example of the dire need for the voice of the child to be heard in all matters relating to adoption. This case also demonstrates the need to sufficiently inform natural parents prior to the adoption taking place and the need to offer more support rather than rushing towards adoption as a (very permanent) solution to a temporary problem. We also believe that separate social workers should be allocated to the child, the natural parents and the prospective adoptive parents as having one social worker for all three will inevitably result in human emotions taking over in an impossible tug of war.

Download the judgement here