A mother plans to fly to Ethiopia today in a bid to finalise the adoption of a baby girl amid continuing concerns over whether adoptions from Ethiopia meet the requirements of Irish law.
Mr Justice Garrett Sheehan today ruled that the Adoption Board, in issuing a circular letter last month outlining its concerns whether the adoption of Ethiopian children was in accordance with the provisions of the Irish Adoption Act 1991, was exercising its statutory power in accordance with the 1991 Act and in the public interest.
In his judgment on a challenge by a couple to actions of the Board which they claimed was preventing them proceeding with adopting a baby girl from Ethiopia, the judge found the disputed actions did not have the alleged effect of restraining them from proceeding with the adoption.
As the Board had, during the proceedings before him, stated the couple could proceed with the adoption it was not necessary to issue a declaration to that effect, he said.
However, the judge also found the couple were entitled to damages arising from the Board's failure to inform the couple that it had late last year initiated a review of the law on foreign adoptions. That failure led to the couple being put to considerable time, energy and expense and the judge said he would assess the quantity of damages in three months time.
The review initiated by the Board, which was completed in September last, and subsequent legal advice relating to it led to concerns about the compatibility of Ethiopian law on adoptions with Irish adoption law and to the issuing of the circular.
On October 10th last, the Board posted its concerns on its websites and it has also suspended the issuing of declarations of suitability and eligibility to adopt to persons proposing to adopt in Ethiopia.
The Board has said it requires further information to establish whether such adoptions are compatible with the 1991 Act.
The Board had earlier this year issued a declaration of suitability and eligibility to adopt to the applicant couple and that declaration remains in effect. The couple have already adopted one Ethiopian child.
Following yesterday's decision, the mother intends to leave for Ethiopia today in a bid to finalise the adoption and return with the baby girl. If she is unable to proceed, the couple may bring further proceedings before the Supreme Court.