Otiko’s Fate Over Adoption Case Hangs
An Accra High Court (Criminal Division) has set March 8, 2018, to deliver its ruling on an application of stay of execution over the adoption of a child by two United States-based couple.
The court, presided over by Justice Justin Kofi Dorgu, fixed the date after the Deputy Attorney General, Godfred Yeboah Dame had moved the application.
Ethan Michael Ram and Hilary Holt Ram in February 2017 secured a ruling by a Koforidua circuit court to adopt the three-year-old child (name withheld).
They were however, denied the opportunity by the Minister for Gender, Children and Social Protection, Otiko Afisa Djaba, to travel with the child to the USA because of a directive by the ministry, which placed a ban on the adoption in the country.
Incensed by the decision, the two, through their lawyer, Daniel Opare Asiedu, proceeded to an Accra high court, presided over by Justice which ordered the Gender Minister and the Director of Social Welfare to release the child to the new parents.
But the state refused to comply with the court’s ruling, stating that it intends to pray the court to set aside its ruling on the matter.
This resulted in the lawyer for the US-based citizens suing Otiko Afisa Djaba and the Director of Social Welfare for contempt of court, which is yet to be determined in an Accra high court.
In moving the motion yesterday, the Deputy AG said the couple have plans to take the child out of the jurisdiction.
According to him, if the court does not grant the stay the appeal of the state would be useless in the event that it wins the appeal.
Mr. Dame indicated that if the court fails to grant the request monumental hardship will happen insisting that the country would have failed in its duty to protect the child as in Section 2 of the children’s Act.
The Deputy AG stated that the couple also failed to obtain the birth certificate of the child among other relevant documents.
Daniel Opare Asiedu, counsel for the couple who described the AG’s application as frivolous, vexatious and unmaritous said the state’s action is too late.
He accused the state of attempting to close the stable door after the horse has bolted.
Mr. Asiedu argued that his clients went through all the processes before having the child adding that the country will not suffer any hardship if the application was not granted.
He claimed the child has been “dumped” at a place where she lacks paternal care.
By: Jeffrey De-Graft Johnson/ thePublisher
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