The High Court yesterday gave the go-ahead for an action aimed at overturning the setting by An Bord Uchtala (Adoption Board) of age limits for couples seeking to adopt foreign children.
Mr Justice Smyth was told some prospective adoptive parents of foreign children, who have applied for assessment to their health boards, have been refused because of a circular setting out age limits for applicants.
In effect since December 2nd last, the circular states that in the case of a joint application for adoption, the youngest applicant should be no older than 42 and the other no more than 45 when they apply to the Adoption Board for assessment for inter-country adoption.
In an affidavit read to the court, Mr Francis McGeough, chairman of the International Adoption Association, said the body was formed in 1990 and has about 600 member families. Some of those families had already adopted abroad but most were parents who intended to do so. Membership included peo ple over 45.
The December 2nd circular said the board had decided to introduce new procedures for applications for declarations of eligibility and suitability to adopt abroad, and to issue guidance to relevant social workers involved in inter-country adoption assessment.
Mr McGeough said he believed up to a fifth of the association's membership would be excluded from adoption by the circular. Some prospective adoptive parents who had applied for assessment to the health boards since last December had been deemed ineligible because of the circular.
On the application of Mr Peter Finlay SC, Mr Justice Smyth gave leave to Mr McGeough and two prospective parents, who have been turned down for assessment, to take proceedings against An Bord Uchtala, Ireland and the Attorney General. The unnamed prospective parents, aged 37 and 49, have one adopted foreign child.
They are seeking orders quashing the December circular, particularly the section setting out the age limits.