M. F. v an Bord Uchtála

CourtHigh Court
Judgment Date01 January 1991
Date01 January 1991
M. F
An Bord Uchtála

- Case stated by An Bord Uchtála - Recognition of foreign adoption orders - Whether adopter domiciled in foreign jurisdiction at time adoption order made - Jurisdiction of An Bord Uchtála to decide issues of fact and law - Adoption Act, 1952 (No.25), ss. 10, 18, 20.

An Bord Uchtála (the Board) stated a case to the High Court under s. 20 of the Adoption Act, 1952, arising out of an application made to the board by the notice parties for an adoption order. The facts as disclosed in the case stated are as follows. M.F., the mother of the infant to whom the application relates, became pregnant and moved to England in March, 1973, although she had lived in the State up until this time and intended at all material times to return and live in Ireland. On 7 August, 1973, the infant M.P.G. was born in England and the surname given to the child was that of the natural father, to whom M.F. was not married, but with whom she had a stable relationship at the time. Subsequent to the birth of M.P.G., this relationship came to an end and M.F. applied for an adoption order in England in respect of the said infant. An adoption order was made by the Manchester County Court on 21 October, 1974, and in the meantime, in or about February, 1974, M.F, had returned to live in Ireland. In August, 1977, M.F. was married and in February, 1980, she and her husband, who is not the father of the infant, applied to the board for an adoption order in respect of the said infant. The effect of s. 10 of the Adoption Act, 1952, as amended at that time was that an adoption order should not be made unless the child to whom the application related resided in the State and was illegitimate or an orphan. Due to the fact that an adoption order in respect of the infant M.P.G. had already been made in England, An Bord Uchtála concluded that it was unable to make the order sought. The board stated a case to the High Court, inter alia, on the question of whether it had jurisdiction to make an adoption order in respect of the infant M.P.G. having regard to the adoption order made in England...

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5 cases
  • M. O'C. and Another v Udaras Uchtála Na Héireann
    • Ireland
    • High Court
    • 30 May 2014
    ...S (W) v ADOPTION BOARD 2010 2 IR 530 6.10.2009 2009/52/13131 2009 IEHC 429 ADOPTION ACT 2010 S57(2)(B)(II) F (M) v AN BORD UCHTALA 1991 ILRM 399 B (B) v AN BORD UCHTALA UNREP FLOOD 12.4.1996 1996/9/2679 B & ORS v AN BORD UCHTALA 25.7.1996 1997 1 ILRM 15 CMSR FOR COMMUNICATIONS REGULATION ......
  • A, B and C (A Minor Suing by His Next Friend, A) v The Minister for Foreign Affairs and Trade
    • Ireland
    • Supreme Court
    • 9 May 2023
    ...as it afforded in part the basis for the eventual recognition of foreign adoptions by the High Court in MF v. An Bord Uchtála [1991] ILRM 399. Before then, as it happens, the High Court had been asked to recognise a foreign adoption order in In re Tamburrini [1944] IR 508, in which a habeas......
  • The Adoption Act, 2010, Section 49 (2), and JB (A Minor) and KB (A Minor)
    • Ireland
    • Supreme Court
    • 12 July 2018
    ...Co-operation in respect of Inter-Country Adoptions into Irish law, that common law jurisdiction, as identified in MF v An Bord Uchtála [1991] ILRM 399, remained (in light of her previous answers, the High Court judge considered it unnecessary to answer this question); (d) whether, on the ba......
  • Udarás Úchtála v M
    • Ireland
    • Supreme Court
    • 19 October 2020
    ...independent of the provisions of either the 1991 or the 2010 Acts, relying on the decision of McKenzie J. in M.F. v. An Bord Uchtála [1991] I.L.R.M. 399, which had predated the coming into force of the 1991 Act. The applicants also argued that the order of the Mexican court should be accep......
  • Request a trial to view additional results

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