There are a number of ways a person can be entitled to Irish citizenship. Aside from applying for citizenship through naturalisation or Foreign Birth Registration, a person who was not born in Ireland will automatically be an Irish citizen if one of their parents was an Irish citizen at the time of their birth and was born in Ireland. This also means that a person who has been adopted by an Irish citizen, or who was born to an Irish citizen and later adopted by a non-Irish citizen, can be entitled to Irish citizenship.
Born abroad to an Irish citizen and adopted by a non-Irish citizen
If an individual was born abroad to an Irish citizen but then adopted by a non-Irish citizen, they will automatically be an Irish citizen if their Irish citizen birth parent was born in Ireland.
In this case the individual can simply apply for an Irish passport immediately using their birth certificate which lists the Irish citizen as their birth parent.
Example: Fintan was born in the US to Sinead, an Irish citizen who was born in Ireland. He was then adopted by Susan, a US citizen. As he was born to an Irish citizen who was herself born in Ireland, Fintan is automatically an Irish citizen and can apply for an Irish passport immediately.
Born to a non-Irish citizen and adopted by an Irish citizen
If an individual was born to a non-Irish citizen and then adopted by an Irish citizen, they become entitled to Irish citizenship.
If the adoption occurred in Ireland, once an adoption order has been made under the Adoption Act 2010, the individual will automatically be an Irish citizen and can apply for an Irish passport immediately.
If the adoption occurred outside of Ireland, the adoption must first be registered with the Adoption Authority of Ireland (AAI). Once this has been done, the adoption has the same legal effect as if it took place in Ireland and if the adoptive parent was born in Ireland, the individual is automatically an Irish citizen. They can then apply directly for an Irish passport.
Example: Tina was born in the UK to Bridget, a UK citizen. Tina was then adopted in the UK by Emma, an Irish citizen who was born in Ireland. Once Tina’s UK adoption has been registered with the AAI, she is automatically an Irish citizen and can apply for an Irish passport immediately.
Where a person’s parent was adopted abroad by an Irish citizen, once the foreign adoption has been registered with the AAI they can then apply for Irish citizenship via Foreign Birth Registration, on the basis that their grandparent was born in Ireland.
Example: Tina’s son Brendan was born in the UK and is a UK citizen. Once Tina’s UK adoption has been registered with the AAI, Brendan can apply for Irish citizenship through Foreign Birth Registration as his grandmother, Emma, is an Irish citizen who was born in Ireland. Once granted Brendan will then be able to apply for an Irish passport.
For more information on how to register a foreign adoption with the AAI, please see our article on Registering a Foreign Adoption.
If you would like to speak to someone about applying for citizenship or any other immigration-related matter please feel free to contact our Immigration Law team at info@mcgrathmullan.ie.