23V. — A person shall not arrange or undertake a private foster care arrangement for the purpose of adopting a child under F185 [ an adoption order within the meaning of section 3 (1) of the Adoption Act 2010 or an intercountry adoption effected outside the State recognised by that Act. ]

(2) Any person undertaking a private foster care arrangement in respect of a child shall not apply under those Acts to adopt the child unless —

( a ) the child is eligible for adoption under F186 [ the Adoption Act 2010 ] , and

( b ) the F187 [ Child and Family Agency ] has consented to the continuance of the arrangement pending the completion of an assessment of that person under those Acts.

(3) If the F187 [ Child and Family Agency ] believes that a person who is arranging or undertaking a private foster care arrangement is doing so in contravention of subsection (1) or (2) , it may apply to the District Court for an order either —

( a ) that the child be taken into its care under section 13 , 17 or 18 , or

( b ) that the arrangement be terminated and the child returned to his or her parents or guardian,

and the Court may order accordingly. ]