N. v. Health Service Executive

In 2004 in Ireland, an unmarried woman who wished to place her child for adoption was required to give a first and second consent. A mother could withdraw her second consent before the entry of an adoption order. If a mother gave a first consent and then refused to give a second consent or withdrew her first consent, the prospective adoptive parents could move the Ireland High Court to determine that the prospective adoptive parents should have custody and that adoption was in the best interest of the child. An unmarried father’s consent for the adoption of his child was required only if he married the child’s mother after the child’s birth, was appointed guardian of the child, or was granted custody. A child of married parents could be adopted only (1) in exceptional circumstances, (2) if the parents, for physical or moral reasons, had failed in their duty towards the child, and (3) the parents’ failure would continue throughout the child’s life until the age of 18. Brian and Catherine Byrne (defendants) were unmarried when they discovered that Catherine was pregnant, and they made arrangements to place the child for adoption. The child, Ann, was born in July 2004 and placed in foster care. Catherine signed a form granting her first consent. Brian and Catherine agreed that David and Eileen Doyle (plaintiffs) could adopt Ann, and Ann was placed with the Doyles in November 2004. In September 2005, Catherine withdrew her consent and asked the agency to return Ann. The Doyles refused and moved the high court to allow them to keep custody and adopt Ann. Brian and Catherine married in January 2006, and the following month they filed a writ of habeas corpus, seeking Ann’s return. At trial, experts established that transitioning Ann from one home to another would be extremely difficult for Ann but that it could be accomplished. The high court held that Catherine’s placement of Ann for adoption constituted abandonment and failure of duty, made Ann a ward of the court, and granted custody to the Doyles. Catherine and Brian appealed to the Ireland Supreme Court.