Sunday 22 April 2018

Mother granted right to sue over alleged forced adoption

Tim Healy

A WOMAN who claims her baby was put up for adoption in the 1970s without her permission is entitled to sue for damages even though she is not contesting the adoption order, the High Court has ruled.

The woman is suing a religious order and the HSE, as successor to the adoption agency, claiming the adoption was done without her knowledge while she was a resident with the order.

She claims she was not even consulted when, as a teen mother, the baby was taken for adoption. She says she suffered psychological harm due to the defendants' alleged negligence, breach of duty and breach of her constitutional rights.

She also claims fraud and undue influence in relation to documents she allegedly signed for the adoption. The claims are denied.

The defendants had argued the woman was not entitled to claim damages without first challenging the validity of the adoption order. But Mr Justice Sean Ryan said it was not a precondition of seeking damages for her to include a claim that the adoption order was invalid. It did not follow as a matter of law or logic.

Irish Independent

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