An Bord Uchtala (the Adoption Board) has withdrawn a controversial decision setting age restrictions for persons wishing to adopt foreign children, the High Court was told yesterday.
A number of prospective adoptive parents of foreign children, who had applied for assessment to their health boards, were refused because of a circular from the board setting out age limits of applicants. A legal challenge was taken to the imposition of such limits.
The circular, which took effect last December 2nd, stated that in the case of a joint application for adoption, the youngest applicant should be no more than 42 and the older no more than 45 at the time of the application to the board for assessment for intercountry adoption.
However, the High Court was told yesterday by Ms Orla Crowe, for the International Adoption Association and two prospective parents who were turned down for assessment, that the controversial paragraph in the circular setting the age restriction had been withdrawn.
Ms Crowe said that after the circular was issued the court had granted leave to her clients last February to seek an order quashing the board's decision to impose an age restriction. As of April 12th, the complaint against the board no longer existed, she said. The age limit was abolished and letters had been sent by the board to adoption societies and health boards.
Ms Crowe said she was particularly concerned that the decision of the board did not go far enough and that persons on a waiting list at the time the circular was issued and who were told they were no longer eligible because they were too old should not be prejudiced and should get immediate assessments.
Mr John Rogers SC, for the board, said his clients did not conduct assessments. All they could do was indicate to health boards how the board thought it might be done.
Mr Justice Kelly suggested the board might go one step further and write a letter to adoption societies and health boards indicating that, notwithstanding the decision to withdraw an age restriction, nobody should suffer any prejudice or delay.
The board agreed to send a letter to adoption societies and health boards stating that it would not wish any persons seeking an inter-country adoption to be prejudiced in terms of time or otherwise by reason of the issue or subsequent withdrawal of the age bar.
Mr Justice Kelly agreed to strike out the proceedings brought against the board.
Roddy O'Sullivan adds:
A spokesman for the Adoption Board said yesterday the board had decided to withdraw paragraph five of the circular on legal advice.
He said this paragraph provided for age limits of 42 and 45 for couples who applied to adopt a child from abroad and 42 for sole applicants. However, because the adoption process for children from abroad takes three years, the upper age limits imposed by paragraph five were effectively 48 and 45, he said.
The withdrawal of the circular means age is now only one of the factors taken into consideration when examining an application to adopt. No age limit will apply.
"Age is just one of the issues that would have to be taken into account, along with other issues such as the applicant's character and health," the spokesman said.