Supreme Court finds legislation only covers ‘a biological/adoptive child’
The Supreme Court has granted the State’s bid to overturn an important finding that the word “child” in the International Protection Act can extend beyond biological and adopted children for family reunification purposes.
This was reinforced by the legislative history of the 2015 Act which, unlike earlier legislation, excluded grandparents, wards or guardians, from the definition of “member of the family”, she said. He described himself as single and produced birth certificates for the children naming him as their father and a judgment from a court in his native country appointing him as their sole legal guardian. He initially agreed to the Minister for Justice’s request to undergo a DNA test but changed his mind in 2016, saying he suspected his “wife” was unfaithful and he was afraid to discover he might not be the children’s biological father.
In the Supreme Court judgment, Ms Justice Dunne said, while she accepted there was now a “wide diversity” of family structures, she could not agree with the High Court when it said the relationship of father/child was not confined to a biological father in the context of this legislation. That serious doubt was created by Mr X himself in correspondence with the Irish Naturalisation and Immigration Service and, in those circumstances, it was appropriate to seek DNA testing to establish the relationship between Mr X and the two children.
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