THE first Chinese baby to be adopted by an Irish family could be in Ireland within a few weeks, according to Ms Sally Keaveney, of International Orphan Aid, which has supported the families taking the Supreme Court action.
Two couples have adoption papers already completed and lodged in Beijing, and one of them, David and Anne Byers, had a baby referred to them 13 months ago. The baby girl is now 17 months old and they would be flying out to bring her home "as soon as physically possible", Ms Keaveney said.
This brings to an end a wait which began five years ago with their initial application for approval for adoption to the Eastern Health Board. They were assessed and approved two years later, the papers went to China and were accepted, and the baby, then four months old, was referred to them.
Then the Irish Adoption Board refused to accept the validity of Chinese adoptions. The couple, along with two others, appealed this decision to the High Court, where they won last April. The Adoption Board appealed this decision to the Supreme Court, which upheld it yesterday.
The Adoption Board refused to accept Chinese adoptions on several grounds, mainly that Chinese law provided for their revocation. But Ms Keaveney said this could only take place if the natural and adoptive parents and the child agreed to it. All the parents had signed affidavits stating they had no intention of revoking the adoption order.
Yesterday's decision refers only to the adoption of Chinese babies, as the Adoption Board's objection was specifically to Chinese adoptions, based on its understanding of Chinese law. The decision clears up any ambiguities about the legal basis of the parental rights transferred through adoption, which could otherwise become the basis for a later challenge.
There is a further case before the courts involving Chinese adoptions. Two couples brought the Eastern Health Board to the High Court claiming that the two years it took to get an assessment of suitability for adoption contravened their family rights. They lost, and have appealed to the Supreme Court. They are hoping for a decision before the end of the month, according to Ms Keaveney.
With Irish babies no longer becoming available for adoption, foreign adoptions provided the only hope, apart from procedures like IVF, for childless couples, she said. The 1991 Adoption Act allowed for foreign adoption under certain circumstances, prompted by the demand for the adoption of babies from Romania. But this was found to be inadequate to deal with Chinese adoptions.
International Orphan Aid has more than 100 couples on its books seeking Chinese adoption, of which 28 have been approved by health boards. While Chinese law allows for the revocation of adoptions, according to Ms Keaveny, this has never happened.
The new Adoption Bill being brought before the Dail at its next sitting will facilitate the adoption of children from countries like China and will strengthen the rights of unmarried fathers.