Adoption Act 2010

79.

Conversion of certain adoptions effected under bilateral agreement in another state and recognised in the State.

79.— (1) Subject to subsection (2) , the Authority may make an adoption order for the purpose of the conversion, in accordance with Article 27 (which relates to conversion of adoptions in state of origin to adoptions terminating pre-existing legal parent-child relationships), of a bilateral agreement adoption that does not have the effect of terminating a pre-existing legal parent-child relationship, into an adoption having that effect, 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 adopters of the child 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) F82 [ 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 17 (which relates to when state of origin may entrust a child to prospective adoptive parents) and Article 4 are applicable in respect of a bilateral agreement.

Annotations:

Amendments:

F82

Substituted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 34, S.I. No. 443 of 2017.

Editorial Notes:

E49

Previous affecting provision: section amended by Children and Family Relationships Act 2015 (9/2015), s. 129, not commenced; repealed (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.