TWO Irish couples claimed in the High Court yesterday that it would be almost two years before they could apply to adopt babies in China because of excessive delays by the Eastern Health Board in assessing their suitability.
The couples are seeking an order compelling the health board to undertake the necessary process of assessment for adoption under the Adoption Act 1991. The health board denies the claims.
Mr James Connolly SC, for the couples, said they wanted to adopt children in China. The Chinese authorities would not release the children until the adoption was approved by the relevant health authorities and institutions in the country of the prospective adoptive parents.
A section of the Act stated that a couple must be assessed "as soon as practicable" but there was considerable delay before a couple was in a position to go to the Chinese authorities.
There was a three month interval between the first inquiry made to the health board by the couples and the initial information meeting. After that, the applicants were told there would be a further waiting period of four to seven months before the assessment began.
The next stage was the assessment which was likely to span a period of nine months but due to the increasing pressure of numbers, could take 12, Mr Connolly said.
After the assessment by the social worker, a report had to be drawn up and sent to the Adoption Board. There was a further delay in processing the report of one and a half to three months. So it would be two years before they could expect to get a Declaration of Suitability from the Adoption Board.
He said it was their hope if their case was successful other couples in the same position could benefit from the order. It was not their intention to jump the queue.
In an affidavit one of the applicants said when she made enquiries to the health board last March, an official told her the whole process would take at least two years from the date of her application. She got the clear impression that she was being discouraged.
She had made contact with International Orphan Aid, a charitable organisation, and she was told there were children available for adoption in China at this moment.
Mr Shay Smith, Eastern Health Board, in an affidavit, said he had responsibility for the unit which conducts assessments. It appeared the bulk of any perceived delay in the commencement of any assessment occurred between the time the initial inquiry was made and the date of the information meeting, and after that up to the time the assessment began.
The three month delay could be attributed to a very substantial increase in the number of enquiries being received about overseas adoptions. In 1993, the figure was 45 couples and at the end of 1995 had risen to 75,
Between January and April 1996, the board had received 243 enquiries, 124 of which were received in February, the month during which RTE broadcast a very disturbing and highly emotive programme on the conditions of orphan children in China.
To accommodate this expulsion in enquiries the information meetings were held once a week instead of monthly.
The current waiting period before an assessment was seven months. Assessments involved a minimum of 10 interviews by social workers over nine months.
The report was then drawn up by the social worker and forwarded to the programme manager and then the Adoption Board. These procedures took from six to 12 weeks.
The hearing continues today before Mr Justice Shanley.