The Adoption Board has invited the solicitor for the adoptive parents of Tristan Dowse to a meeting to advise him on the options available to his clients, The Irish Times has learned.
This follows a report to the board yesterday afternoon by the Department of Foreign Affairs, based on a report on the adoption of Tristan from the Irish Ambassador to Indonesia.
The Adoption Board has also written to Dr Sanusi, the minister for social affairs in Indonesia, asking him for an update on the child's health, welfare and the possibilities for his future, according to the registrar of the Adoption Board, Kieran Kildea.
Gus Cullen, solicitor for Joe and Lala Dowse, who handed Tristan back to the Indonesian orphanage a year ago, refused to comment on the couple's intentions when contacted by The Irish Times yesterday.
It is understood they made inquiries earlier this year about having Tristan's name removed from the register. This can only be done by the High Court, which takes such a decision on the basis of the best interests of the child.
The Indonesian authorities are still considering what action to take to clarify Tristan's status and may judicially review the adoption.
If this occurs, and it is found to be invalid, he will be free to be adopted by another couple. He will also no longer be entitled to be on the Register of Foreign Adoptions in Ireland. However, no process exists for the removal of his name other than an application to the High Court.
If no such application is made, either by Mr and Ms Dowse or by the Adoption Board, an anomaly will exist where he is both a citizen of another country, either Indonesia or the country of another foreign adoption, and registered as the child of an Irish citizen.
"But this will not be a problem unless someone wants to raise it," said a legal expert in this area. "It would be rather odd if he was on the adoption register here. But it must happen from time to time.
"It's a case of something that's a very interesting legal issue, but it may not be necessary to sort it out from the point of view of the child. What matters now is what the Indonesians do."