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Cambodian adoption challenge lost

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Last Updated: Monday, 4 July, 2005, 14:47 GMT 15:47 UK
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Cambodian adoption challenge lost
 
Malcolm and Pauline Dixon were hoping to adopt a Cambodian child

Malcolm and Pauline Dixon

Six couples have lost a High Court challenge against a government ban on the adoption of Cambodian children.

The ban followed concern that measures were not in place to prevent adoptions without birth parents' proper consent.

The couples, from Cardiff, London, Somerset, Sussex, Hertfordshire, and one unnamed couple, had argued for measures stopping short of a ban.

Mr Justice Munby, sitting at the High Court in London, said the legal attack "fails on every ground".

He ruled that the government action was "appropriate and proportionate".

'Needy children'

After the ruling, the six couples expressed their "dismay" at the decision.

They said in a joint statement: "The judge was clearly very aware of just how many needy orphans there are in Cambodia. But this ruling does not help them in any way.

"We embarked on the lengthy and expensive process of adopting from Cambodia specifically because it is where our small contribution - of adopting a child - would have most impact."

Margaret Hodge, the then Children's Minister, suspended such adoptions indefinitely in June last year.

'Impractical'

During a three-day hearing in April, Helen Mountfield, appearing for the six couples, said it was accepted there were problems and she was not arguing for a right for British couples to be allowed to "adopt a child at any price".

Ms Mountfield said the government had also acted unfairly and infringed human rights laws in the cases of couples who had begun adoption procedures only to see them halted by the ban.

Rejecting the challenge, Mr Justice Munby said the abuses of the Cambodian adoption system which had become evident "amply justify the view that action had to be taken".

He said: "The alternative of making inquiries in every individual case is impractical in the light of the resources which can properly be devoted to such inquiries, and the absence of feasible and effective means to conduct them."


2005 Jul 4