Adoption Act 2010


Procedural arrangements where State is receiving state under bilateral agreement.

77.— (1) This section has effect for the purposes of the application of a bilateral agreement in the State.

(2) For the purposes of a bilateral agreement, an application to adopt a child habitually resident in another state (that is a party to the agreement) 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 F81[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) 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 that—

(a) the prospective adopters are eligible and suited to adopt,

(b) the prospective adopters have been counselled as may be necessary, and

(c) the child is or will be authorised under the law to enter and reside permanently in the State.

(5) Without prejudice to the functions of the F81[Child and Family Agency] under any other enactment, the F81[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 relates to Central Authorities keeping 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.