23V.—A person shall not arrange or undertake a private foster care arrangement for the purpose of adopting a child under F190[an adoption order within the meaning of section 3(1) of the Adoption Act 2010 or an intercountry adoption effected outside the State recognised by that Act.]

(2) Any person undertaking a private foster care arrangement in respect of a child shall not apply under those Acts to adopt the child unless—

(a) the child is eligible for adoption under F191[the Adoption Act 2010], and

(b) the F192[Child and Family Agency]has consented to the continuance of the arrangement pending the completion of an assessment of that person under those Acts.

(3) If the F192[Child and Family Agency] believes that a person who is arranging or undertaking a private foster care arrangement is doing so in contravention of subsection (1) or (2), it may apply to the District Court for an order either—

(a) that the child be taken into its care under section 13, 17 or 18, or

(b) that the arrangement be terminated and the child returned to his or her parents or guardian,

and the Court may order accordingly.]