B. and B. v an Bord Uchtála
| Jurisdiction | Ireland |
| Judgment Date | 01 January 1997 |
| Date | 01 January 1997 |
| Court | Supreme Court |
- Recognition - Chinese adoption - Applications for adoption orders made to Chinese authorities - Assurances sought that Chinese adoptions would be recognised in the State - Whether an adoption effected in China came within definition of a foreign adoption for the purposes of the 1991 Act - Whether provisions in Chinese adoption law that adoptive relationship could in certain circumstances be terminated effected the fundamental nature of an adoption - Adoption Act, 1952 (No. 25), s. 24 -Adoption Act, 1991 (No. 14), ss. 1, 6 - Judicial review - Certiorari -Whether an order of certiorari lies against an expression of an opinion by An Bord Uchtála as to the interpretation of the effect of Chinese law.
An adoption effected outside the State must comply with the definition of a foreign adoption prescribed by s. 1 of the Adoption Act, 1991. S.1 (b) of the 1991 Act provides, inter alia, that the foreign adoption must have 'essentially the same legal effect as respects the termination and creation of parental rights and duties with respect to the child in the place where it was effected as an adoption effected by an adoption order'. S. 24 of the Adoption Act, 1952, as amended, provides, inter alia, that when an adoption order is made the child shall be considered with regard to the rights and duties of parents and children in relation to each other as the child of the adopter or adopters born to him, her or them in lawful wedlock. It further provides that the parent or guardian of the child shall lose all parental rights with respect to the child. Article 22 of the Chinese adoption law of 1991 provides, inter alia, that the legal provisions governing the relationship between parents and children shall apply to the rights and duties in the relationship between adoptive parents and adoptive children. Article 25 provides that an adopter may not terminate the adoptive relationship before the adoptee comes of age except when the adopter and the person who placed the child for adoption agree to terminate the relationship. If the adopted child reaches the age of ten or more years his consent to the termination must be obtained. The applicants were three married couples who were each seeking to adopt a child from the People's Republic of China ('China'). Their applications were processed by the authorities in China. However, the Chinese authorities were unwilling to proceed further with these applications until they were...
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