It isn't quite analogous since adopted children don't automatically get citizenship. With most same-sex couples this isn't an issue because a typical scenario in e.g. the US would be that both the biological parent and the adoptive parent are US citizens and the child is born in the US. If a man who is a US citizen living in Europe marries an Italian widow and adopts her son, and an amended birth certificate is issued recognizing him as the father, the child will not be considered a native-born US citizen as he would if the man were the actual father. The child could get US citizenship through naturalization, but that would require the family to be living in the US. By the same token, the kid in the case in question could probably get Irish citizenship if they were actually living in Ireland, but they aren't and there's no indication that they ever plan to.
That's not the issue here. The child can get citizenship through the biological mother or father, but the trans person doesn't want to register as the baby's father, and Ireland will only recognize the person who gave birth to the child as the mother.
p
It isn't quite analogous since adopted children don't automatically get citizenship. With most same-sex couples this isn't an issue because a typical scenario in e.g. the US would be that both the biological parent and the adoptive parent are US citizens and the child is born in the US. If a man who is a US citizen living in Europe marries an Italian widow and adopts her son, and an amended birth certificate is issued recognizing him as the father, the child will not be considered a native-born US citizen as he would if the man were the actual father. The child could get US citizenship through naturalization, but that would require the family to be living in the US. By the same token, the kid in the case in question could probably get Irish citizenship if they were actually living in Ireland, but they aren't and there's no indication that they ever plan to.
More options
Context Copy link