Couple challenging Adoption Board

The High Court has begun hearing a challenge by a couple to what they say is the Adoption Board's refusal to allow them adopt a child from Ethiopia.

The couple already have a natural child and another child who has been adopted from Ethiopia.

They say they had booked flights and were in the process of travelling to Ethiopia to adopt a nine-month-old baby from a childrens' home when they were advised by the Adoption Board not to go.

They say they are now in danger of losing the child.

The couple have a declaration from the Board that they are eligible and suitable to adopt from Ethiopia.

They also say that the Board told them at the end of August that they had considered Ethiopia's adoption law and decided that it complied with Irish statutory requirements.

They say the board did not give them sufficient reasons as to why they should not now travel to Ethiopia.

To be allowed adopt a child from another country, that country's adoption laws must be compatible with Irish law.

The board says that after getting legal advice on the adoption laws in various other countries, it had reservations about Ethiopian laws.

It says it needs further information from Ethiopia before making a final decision. In the meantime it has told prospective adoptive parents that it cannot register such adoptions on the register of foreign adoptions.

It has advised prospective adoptive parents with declarations of suitability and eligibility not to travel.

Gerry Durcan SC, for the Adoption Board, told the High Court that as soon as the Board received legal advice that there could be a problem with the compatibility of Ethiopian adoption law with Irish law it had a duty to inform prospective adoptive parents.

He said the parents could not expect a statutory body such as the Adoption Board to act outside the law.

Since 1991, 60 adoptions from Ethiopia have been registered here.  It is understood the figure has been rising every year and the average number of adoptions per year from Ethiopia is around eight or nine.