Woman who claims she was forced to give up her baby for adoption launches High Court action
The woman, who is now a pensioner, has brought proceedings against her former employer which is a financial institution, the State, the HSE, Tusla, a nominee for a religious order which ran the mother and baby home and the Adoption Authority of Ireland.
A woman who claims she was forced to give up her child for adoption as an unmarried mother in a mother and baby home has launched a High Court action.
The alleged removal of her baby from her in 1980, it is claimed, has had lifelong adverse effects on the woman and she allegedly suffers from complex post-traumatic stress disorder and she struggles on a day-to-day basis.
The woman, who is now a pensioner, has brought proceedings against her former employer which is a financial institution, the State, the HSE, Tusla, a nominee for a religious order which ran the mother and baby home and the Adoption Authority of Ireland.
Her action is believed to be the first such case to come before the High Court. Sources indicated there were several cases in the pipeline relating to alleged forced or alleged illegal adoption and relating to events in the 1980s and as far back as the 1940s. The cases are understood to be complex, involving significant issues.
Full defences have been filed in the woman’s case and all claims are denied by all parties.
In the High Court on Thursday, Hugh O’ Donnell BL, instructed by McGuigan Solicitors, told the court the woman’s case was particularly tragic, involving alleged forced adoption. He said his side had previously applied for a hearing date for the action, but he could now tell the court some progress had been made.
Counsel asked the court to adjourn the matter to early May, when he will be in a position to further update Mr Justice Paul Coffey.
In the proceedings, the woman has claimed that the taking of her baby allegedly against her will was a source of anguish and great sadness and she found the whole experience frightening and heartbreaking.
The State parties are the ministers for justice and children, Ireland, the Attorney General, along with statutory bodies, the HSE, Tusla and the Adoption Authority of Ireland.
Against those parties, it is claimed the religious order which ran the mother and baby home had been allowed to allegedly control and organised a system of forced adoption for unmarried mothers and there was an alleged failure to safeguard the woman’s constitutional rights.
It is claimed the woman had an unplanned pregnancy in 1980.
It is alleged the financial institution had a position of dominion and control over the woman, given she was vulnerable because she had an unplanned pregnancy while single at a time, when such carried a negative stigma and when termination of pregnancy was not available within the State.
It is claimed a manager at the financial institution allegedly told the woman her child would have to be given up for adoption and it is claimed she was given no choice in the matter.
After she gave birth to her child, it is contended she did not want to surrender her baby and refused to leave the hospital. She was grievously upset and wounded by the removal of her baby and it is claimed she was unaware of her rights.
It is further contended that while she signed a certificate of surrender, the purported surrender of her child was allegedly compelled on an involuntary basis and allegedly without true and informed consent and she had no legal advice.
It is further claimed against the financial institution there was an alleged failure to protect her from repeated upsetting comments and behaviour.
All of the claims are denied.
The case returns before Mr Justice Coffey in early May.
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