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) F81 [ where the consent of a person 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:

F81

Substituted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 33, S.I. No. 443 of 2017.

Editorial Notes:

E48

Previous affecting provision: section amended by Children and Family Relationships Act 2015 (9/2015), s. 128, not commenced; repealed (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.