## Facts

- Joseph Keegan and the child’s mother cohabited for about two years, became engaged, and jointly planned the pregnancy; their relationship later ended.
- The child was born on September 29, 1988; Keegan was not permitted to see the child at the hospital.
- Without notifying Keegan, the mother placed the child with an adoption society on November 17, 1988; Keegan learned of the placement only after it occurred.
- Under Irish law at the time, an unmarried father had no automatic guardianship and generally could not prevent placement for adoption unless he had already been appointed guardian.
- Keegan applied to be appointed guardian and for custody; the Circuit Court appointed him guardian and awarded custody, and the High Court initially agreed he was fit.
- The Irish Supreme Court ruled an unmarried father’s right was limited to applying for guardianship and that the child’s welfare was paramount, permitting the father’s objections to be overridden if adoption offered a better life.
- On remittal, the High Court concluded removing the child from the prospective adoptive parents would cause trauma and allowed the adoption to proceed, rejecting Keegan’s claim.
- Keegan filed a petition alleging violations of Articles 6, 8, and 14 of the European Convention on Human Rights.

## Issues

1. Whether Keegan’s relationship with his child constituted “family life” protected by Article 8, despite the child’s birth outside marriage and the parents’ separation.
2. Whether Ireland’s legal framework and its application—permitting adoption placement without notifying the father and limiting his ability to participate—violated Article 8.
3. Whether the duration and handling of domestic guardianship/adoption proceedings breached Article 6(1)’s “reasonable time” requirement.
4. Whether differential treatment of unmarried fathers required separate findings of discrimination under Article 14 in conjunction with Article 8.

## Decision

- The European Court of Human Rights found a violation of Article 8.
- The Court held that “family life” existed between Keegan and the child from birth given the prior cohabitation and planned parenthood.
- The Court found Ireland failed to provide legal and procedural protection sufficient to allow the father-child tie to develop, because the system allowed secret placement without notifying the father or securing his input.
- The Court found a violation of Article 6(1) because the proceedings were not conducted with the speed required where the relationship between a parent and a very young child is at stake.
- The Court declined to make a separate determination under Article 14 given the Article 8 violation.
- The Court awarded monetary compensation and costs as just satisfaction.

## Legal Principles

- Article 8 “family life” is not confined to marriage and can arise from de facto family ties, including a stable cohabiting relationship and planned parenthood.
- When a family tie with a child exists, the State must provide legal safeguards enabling the child’s integration into the family from birth and must not structure procedures that prevent the parent-child relationship from forming.
- Article 8 imposes positive obligations: legal systems governing adoption and guardianship must include adequate procedural protections so affected parents can participate before irreversible steps occur.
- In assessing justification and proportionality, a State may not rely on consequences created by its own deficient procedures (e.g., bonding caused by an undisclosed placement) to defeat a biological parent’s claim.
- Under Article 6(1), disputes determining parental relationships and custody of young children require particular expedition; delay may itself alter the outcome and can violate the “reasonable time” requirement.

## Conclusion

The Court held that Ireland violated the Convention by permitting an adoption process to proceed without timely notice and meaningful participation by an unmarried biological father with an established family tie, and by failing to resolve the resulting guardianship and adoption litigation within a reasonable time.


Keegan v. Ireland, 290 Eur. Ct. H.R. (ser. A) (1994)