40.— (1) The Authority may issue a declaration of eligibility and suitability in favour of F47[a person, a married couple married to each other, a couple who are civil partners of each other or a cohabiting couple] who have applied under this Act to the Authority for, as may be appropriate, an adoption order, or the recognition of an intercountry adoption, in relation to a child habitually resident—

(a) in the State (a domestic adoption),

(b) in another contracting state (an intercountry adoption),

(c) in a state that has a bilateral agreement with the State (an intercountry adoption), or

(d) in the circumstances described in section 81 (an adoption in an exceptional case), in a non-contracting state that is not a party to a bilateral agreement.

(2) A declaration of eligibility and suitability may be issued only if, having considered both the assessment report prepared under section 37 and the adoption committee’s recommendation under section 39, the Authority is satisfied—

(a) that the applicant or, in the case of applicants who are F47[a married couple living together, a couple who are civil partners of each other living together or a cohabiting couple], each of them comes within the classes of persons in whose favour an adoption order may, by virtue of section 33, be made or an intercountry adoption may, by virtue of that section, be recognised, and

(b) as to the matters specified in section 34 in relation to the applicant or, in the case of applicants who are a married couple living together, each of them.

(3) When issuing a declaration of eligibility and suitability, the Authority may include in it a statement relating to the age or state of health of a child whom the Authority considers that the applicant or applicants are suited to parent.

(4) If the Authority is not satisfied as to the matters referred to in subsection (2), it may refuse to issue a declaration of eligibility and suitability in favour of F47[the person, married couple, civil partners or cohabiting couple] referred to in subsection (1), having first given him, her or them an opportunity to be heard.

(5) A declaration of eligibility and suitability is not to be issued or refused if the Authority has received an applicable notice of discontinuance under section 21 or 38.