AN Irish couple who want to adopt a baby overseas have been told by the Adoption Board that they will have to wait five years for assessment as the wife has a history of cancer although it was cured, the High Court was told yesterday.
Mr Justice Morris gave leave to the couple to seek a judicial review challenging a decision of the Adoption Board in October last year that they will have to wait five years from the end of her treatment.
Mr James Connolly SC, for the couple, said the wife had a history of cancer but this had been cured. She had undergone a hysterectomy.
The Adoption Board told her she would have to wait five years from the end of her cancer treatment before it would assess her and her husband. Mr Connolly said his clients would say that was unreasonable.
The five year period would start from 1993 and end in 1998. But in 1998 the woman would be 41, at the upper end of the age of suitable candidates.
Mr Connolly said that he had reports from two oncologists in which they said the woman was as effectively cured as any one ever could be. The views of the two consultants were put in a report to the Adoption Board.
He said that the Adoption Board was inflexible in administering its rule, and they were seeking to quash the Board's decision or seek a number of declarations.
Mr Justice Morris said he was satisfied the couple had an arguable case.