Adoptive couple to return home after winning landmark case
AN Irish emigrant couple who were denied a move home with their adopted daughter have won a landmark appeal and are now able to return to Ireland with their child.
Michael Connolly and Barbara Nee told the Irish Independent in February how they were being refused their "dream move" back to their native Co Galway with their baby daughter Grace because of difficulties with Irish adoption laws which regarded American states as different countries.
Their problems began when they were told by the Adoption Authority of Ireland that Grace would not be granted an Irish passport because she was adopted in Michigan but lived in Boston, Massachusetts, with her parents.
But the delighted couple, who moved to America in 1991, learned just over a week ago that their baby daughter is now entitled to Irish citizenship and an Irish passport.
Nineteen-month-old Grace, dad Michael and mum Barbara are now preparing for a move back to Clifden although they will first have to see out their Boston lease agreement, which lasts until Christmas.
"We were delighted," Michael said. "We were absolutely over the moon. Hopefully other people won't have to go through the same thing we did."
Laws
Different adoption laws in different US states meant that authorities here saw Michigan and Massachusetts as completely separate countries -- even though the couple had already straightened legal issues surrounding interstate adoptions in America.
But after the family's story appeared in the Irish Independent and later on RTE's 'Drivetime' radio programme, they engaged the services of family law specialists Gallagher Shatter Solicitors, the firm in which Fine Gael's children spokesperson Alan Shatter is a partner.
The firm successfully argued that since the adoption was recognised in Massachusetts, the state where the couple had been resident for well over a year, it should also be recognised in Ireland.
Michael and Barbara received an email from Suzanne McIlvenna of Gallagher Shatter telling them the good news on June 27 -- but they initially feared that the message would only bring more bad tidings.
"We were convinced it was more sadness and more bother," Michael said. "We had our Irish wake and were preparing to spend the rest of our lives over here.
"We were checking out what neighbourhoods we could live in and we were looking for schools.
"We actually left the email unread for a full day. We only opened it when Suzanne called to see why we hadn't been in touch."
But the trepidation soon turned to delight when they realised that their months of effort had led to the desired outcome.
"I turned on Irish music and was dancing around the place with Grace," Barbara said. "I had the Saw Doctors' 'N17' blaring. Grace doesn't have a clue what's going on but we're keeping a scrapbook with all the newspaper clippings and letters in it for her to see when she grows up.
"We want to thank the Irish Independent, 'Drivetime' and everyone at Gallagher Shatter for getting behind us," she added.
- Fiach Kelly
