Adoption Act 2010

70

Transfer of child from State for purpose of adoption in receiving state.

70.— A child may be transferred from the State to another contracting state for the purpose of adoption in that state in accordance with the Hague Convention, but such a transfer may take place only—

(a) if the following are satisfied:

(i) Article 4 (which relates to when an adoption may take place);

(ii) Article 5 (which relates further to when an adoption may take place);

(iii) Article 15 (which relates to reports by the Central Authorities of receiving states);

(iv) Article 16 (which relates to reports by the Central Authorities of states of origin);

(v) Article 17 (which relates to when the state of origin may entrust a child to prospective adoptive parents);

(vi) Article 18 (which relates to Central Authorities obtaining permissions for a child to leave his or her state of origin),

(b) in accordance with Article 17 (which relates to when the state of origin may entrust a child to prospective adoptive parents)—

(i) the Authority decides that the child should be entrusted to the prospective adopters, and

(ii) the Central Authority of the receiving state approves that decision, and

(c) if the transfer takes place in secure and appropriate circumstances and in the company of the adopters or prospective adopters.