Family wants adoption of Mexican girl recognised

A family who has adopted a little girl from Mexico has gone to the High Court in a bid to have her adoption recognised here.

The case is a test case for a number of other couples who have also brought children home from Mexico and face a battle to have the adoptions recognised so their children can apply for Irish citizenship.

It is understood up to 19 children born in Mexico and adopted by Irish couples are affected.

A letter from the Mexican embassy shown to the court referred to the children affected as “victims” and urged they remain in Ireland and a solution be found.

The test case arises from the Adoption Authority’s refusal to recognise or register the adoption from Mexico of the girl, who is now nearly 3.

It hinges on the argument that the placement from Mexico does not comply with provisions of the international agreement on inter-country adoptions — the Hague Convention on the Protection of Children, which became law when the Adoption Act was formally ratified on Nov 1, 2010.

The family, who cannot be identified for legal reasons, have brought a challenge against the Adoption Authority of Ireland, and the State over the refusal to recognise the adoption.

They claim they cannot fully comply with a requirement under the convention to have the adoption recognised because their daughter was placed with them prior to Ireland’s ratification of the Hague Convention.

The adoptive couple claim the requirement is unlawful and the authority’s refusal breaches their constitutional rights to protection of the family, and their rights under the European Convention for Human Rights.

They want the court to quash the Adoption Authority’s decision of Feb 28 to refuse to recognise and register the valid Mexican adoption of the child by her parents.

They are also seeking orders recognising their child as an Irish citizen and the couple as her adoptive parents.

They are also seeking various declarations including that sections of the act which deal with the recognition and registration of foreign adoptions in Ireland fall short of what is intended in the act and are incompatible with their rights under the Constitution.

The couple adopted the girl soon after she was born in Jul 2010. Their valid adoption was eventually effected by a Mexican court in Mar 2011.

Permission to the bring the action was granted by Mr Justice Michael Peart. The case will come before the court again in June.