Adoption Act 2010

75.

Role of Authority as Central Authority under bilateral agreement.

75.— (1) The Authority is designated as the Central Authority to perform in the State the functions conferred on the Central Authority by this Chapter or under a bilateral agreement.

(2) Subject to subsection (3) and any restrictions in the bilateral agreement, the Authority may delegate in writing to the F79 [ Child and Family Agency ], or to such accredited bodies as the Authority may specify, one or more of its functions as the Central Authority under a bilateral agreement.

(3) The following functions may not be delegated by the Authority:

( a) as the Central Authority of the receiving state—

(i) issuing, in the circumstances described in paragraph (1) of Article 15 (which relates to reports by Central Authorities of receiving states), a declaration of eligibility and suitability,

(ii) arranging a new placement of, or alternative long-term care for, a child if the child is withdrawn from placement with his or her prospective adopters in accordance with the bilateral agreement, and

(iii) arranging the return of a child to his or her state of origin, if the child’s interests so require;

( b) as the Central Authority of the state of origin and in accordance with a bilateral agreement—

(i) ensuring that necessary consents have been obtained,

(ii) determining whether the envisaged placement is in the best interests of the child concerned,

(iii) transmitting to the Central Authority of the receiving state the report on the child, proof that the necessary consents have been obtained and the reasons for the Authority’s determination as to whether the envisaged placement is in the child’s best interests, and

(iv) deciding whether the child should be entrusted to prospective adopters.