Adoption Act 2010


Procedural arrangements for cases where State is receiving state.

67.— (1) For the purposes of the application of the Hague Convention in the State, subsections (2) to (5) have effect.

(2) For the purpose of Article 14 (which relates to making applications for adoption to the Central Authority), an application to adopt a child habitually resident in another contracting state is made to the Authority (by persons habitually resident in the State) when the application is forwarded to the Authority on behalf of those persons by the F77[Child and Family Agency] together with—

(a) the assessment report prepared under section 37, and

(b) the recommendation made under section 39,

in relation to those persons.

(3) For the purpose of Article 17 (which provides for limits on the state of origin entrusting a child to prospective adoptive parents), the approval of the Authority is required before any decision is made in the state of origin that the child should be entrusted to prospective adopters.

(4) For the purpose of determining if a child is or will be authorised to enter and reside permanently in the State, the Authority shall be satisfied as to compliance with Article 5 (which relates to when a Convention adoption may take place) and Article 17.

(5) Without prejudice to the functions of the F77[Child and Family Agency] under any other enactment, the F77[Child and Family Agency] shall perform on behalf of the Authority the latter’s functions as the Central Authority—

(a) in keeping the other Central Authorities informed as set out in Article 20 (which requires Central Authorities to keep each other informed), and

(b) in relation to protecting children after their transfer to the State as the receiving state as set out in paragraph (1) of Article 21 (which relates to measures by the Central Authority for child protection after a child’s transfer to the receiving State).




Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 21, S.I. No. 502 of 2013.