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Dáil Éireann debate -
Wednesday, 18 Jul 1956

Vol. 159 No. 8

Ceisteanna—Questions. Oral Answers. - Limerick Children's Transfer to U.S.A.

asked the Minister for Justice if he will make a statement regarding the circumstances which led to the transfer to the U.S.A., with a view to adoption, of Anthony Barron and Mary Clancy of Camos, Bruff, County Limerick, and if he will state the date of each such transfer and the place from which each transfer took place.

From the inquiries that have been made I am satisfied that there was nothing unlawful or irregular about the removal of these children out of the State. In the circumstances, I have no further function in the matter.

Is the Minister aware that both Anthony Barron and Mary Clancy were illegitimate children over one year of age when they were transferred and, in view of that fact, by removing them to America in contravention of Section 40 of the Adoption Act something reprehensible was done? Would the Minister please give me more information on the question?

The requirements of the Act prescribe that no child under seven years of age can be removed out of the State except with the approval of a parent, guardian or relative. In the case of an illegitimate child under one year, removal can only be for the purpose of living with its mother or if the mother is dead, a relative. In this case the children concerned were both over the age of one year and they were removed with their mothers' consent, which complies with the requirements of the Act.

I have not the Act with me but Section 40 states that no child over one year of age which is illegitimate shall be removed from the State, and the Minister is not correct in the information he has given. Both these children were over one year of age.

I have informed the Deputy of the circumstances in accordance with the facts which were given to me.

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