Adoption Act 2010

80

Transfer of child from State for purpose of adoption in receiving state.

80.— A child may be transferred from the State to a non-contracting state for the purpose of adoption in that state in accordance with a bilateral agreement, but such a transfer may take place only in accordance with the agreement, and, in particular, if—

(a) the requirements of the agreement as to consents to the adoption have been satisfied,

(b) the Central Authority of the receiving state has—

(i) determined that the prospective adopters are eligible and suited to adopt,

(ii) ensured that the prospective adopters have been counselled as may be necessary, and

(iii) determined that the child is or will be authorised to enter and reside permanently in the receiving state,

(c) the Authority has decided, in accordance with the agreement, that the child should be entrusted to the prospective adopters,

(d) the Central Authority of the receiving state has approved that decision, and

(e) the transfer takes place in secure and appropriate circumstances and in the company of the adopters or prospective adopters.