Woman who claims she was forced to give up her baby for adoption, settles High Court case

Sources have indicated there are a number of 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. File photo

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 settled her High Court action.

The woman was not in the High Court as the settlement of her case was announced. Her counsel, Conor Power SC instructed by McGuigan Solicitors, told the High Court on Thursday that the woman who is now a pensioner is "a very vulnerable individual". 

Counsel told Mr Justice Paul Coffey the court had given the sides time and the case had been resolved after mediation. The case is believed to be the first of several similar actions expected before the courts.

Sources have indicated there are a number of 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.

In this case, the woman had 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. Full defences had been filed and all claims were denied by all parties. 

The woman’s counsel told the court the case had been resolved and could be struck out against all defendants with costs against the financial institution and the religious order which ran the mother and baby home.

The alleged removal of her baby from her in 1980, it was 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 court previously heard that the woman’s case was particularly tragic involving alleged forced adoption. Mr Justice Coffey had adjourned the matter on a number of occasions and mediation talks took place.

Forced adoption claims

In the proceedings, the woman 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 were the Ministers for Justice and Children, Ireland; the Attorney General along with the statutory bodies, the HSE, TUSLA and the Adoption Authority of Ireland.

Against those parties it was claimed that the religious order which ran the mother and baby home had been allowed to allegedly control and organise a system of forced adoption for unmarried mothers and there was an alleged failure to safeguard the woman’s constitutional rights. 

It was also claimed that the woman had an unplanned pregnancy in 1980. It was alleged the financial institution had a position of dominion and control over the woman given that 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 was further claimed that a manager at the financial institution allegedly told the woman her child would have to be given up for adoption and it was contended she was given no choice in the matter.

After she gave birth to her child, it was contended she didn't 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 was claimed she was unaware of her rights.

It was 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 was further alleged against the financial institution that there was an alleged failure to protect her from repeated upsetting comments and behaviour. All of the claims were denied by all defendants.