Tuesday, 19 February 2019

Ceisteanna (128)

Denis Naughten


128. Deputy Denis Naughten asked the Tánaiste and Minister for Foreign Affairs and Trade if a person (details supplied) is eligible to apply for an Irish passport; if not, if they must first make a formal application for citizenship; and if he will make a statement on the matter. [7671/19]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Foreign)

All passports applications are subject to the provisions of the Passports Act 2008, as amended. The 2008 Act provides, among other things, in section 7(1) that I must be satisfied that a person is an Irish citizen before a passport can be issued to him or her.

Irish citizenship is governed by the Irish Nationality and Citizenship Act 1956, as amended, which is under the responsibility of the Minister for Justice and Equality. Citizenship may be obtained in a number of ways, including by birth, descent, naturalisation and, also, adoption. Section 11 of the 1956 Act provides for citizenship of adopted children. Section 11(1) provides as follows:

“Upon an adoption order being made, under an adoption order within the meaning of section 3 (1) of the Adoption Act 2010 or an intercountry adoption effected outside the State being recognised within the meaning of that Act in a case in which the adopter or, where the adoption is by a married couple, either spouse is an Irish citizen, the adopted child, if not already an Irish citizen, shall be an Irish citizen.”

Therefore, if a person who is not already an Irish citizen has been adopted by an Irish citizen, and that adoption was effected abroad, that person may be entitled to Irish citizenship subject to the adoption complying with the requirements for recognition under Irish law.

The Passport Service will consider any application for a passport by a person adopted by an Irish citizen in accordance with the above provisions.