An Irish mother who gave birth in France and had her baby adopted there has failed in a bid to have the baby returned.
The woman was married when she became pregnant from an extra-marital relationship. She travelled to France to have the baby and to have her registered anonymously and adopted. France and Italy are the only countries in Europe where this is possible, dating from the time when babies could be put in chutes anonymously and placed by churches for adoption. A second form of adoption, where the birth is registered to the natural parents, also exists.
The baby was born in February 2002, and the next day the mother signed a record of the child's placement in state care and gave her consent to adoption. The conditions and effects of the anonymous registration of a birth were explained to her, including the fact she had two months in which to change her mind, after which her decision became irrevocable.
On May 7th the child was placed with a foster family with a view to her full adoption. On July 25th and 26th the woman went to the hospital seeking the child's return. This was refused because the time limit had expired. She applied to the court in Lille which upheld the refusal. She said the consent she had given was invalid because of family pressure and said she hadn't been fully aware of the consequences of the anonymous adoption.
The refusal was overturned by the Douai Court of Appeal on the grounds that her lack of knowledge of French meant she had not realised the consequences of the adoption. This ruling was then overturned by the Court of Cassation on April 6th, 2004. She then appealed to the European Court of Human Rights. The biological father has also applied to the Irish courts for recognition of his rights in relation to the child.
The European Court of Human Rights upheld the French decision. The French time limit of two months for withdrawing consent sought to strike a balance between the competing interests of child and parent, it stated.