Adoption Act 2010

78.

State as receiving state under bilateral agreement: adoption orders for children placed for adoption in State.

78.— (1) Subject to subsection (2) , the Authority may make an adoption order in relation to a child who—

( a) was transferred to the State from the child’s state of origin in accordance with a bilateral agreement, and

( b) was placed, in accordance with the bilateral agreement and this Act, with prospective adopters habitually resident in the State.

(2) The Authority may make an adoption order under subsection (1) only on the application of the prospective adopters with whom the child was placed and only—

( a) if satisfied that Article 4 (which relates to when an adoption may take place) and the relevant provisions of this Act have been met, and

( b) where the consent of a birth parent of the child is necessary and has not been given, if the High Court has made an order—

(i) under section 31 (3) (b) authorising the Authority to dispense with consent as described in that provision, or

(ii) under section 54 authorising the Authority to make an adoption order in relation to the child.

(3) For the purpose of this section, Article 4 (which relates to when an adoption may take place) is applicable in respect of a bilateral agreement.

Annotations:

Amendments:

F60

Substituted by Children and Family Relationships Act 2015 (9/2015), s. 128, not commenced as of date of revision.

Modifications (not altering text):

C34

Prospective affecting provision: subs. (2)(b) amended by Children and Family Relationships Act 2015 (9/2015), s. 128, not commenced as of date of revision.

( b) where the consent of F60 [ a parent ] of the child is necessary and has not been given, if the High Court has made an order—