Australian Capital Territory Consolidated Acts

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ADOPTION ACT 1993 - SECT 36

Guardianship pending adoption

    (1)     If—

        (a)     each person required to consent to the adoption of a child under section 27 (Consents of parents and guardians) has consented; or

        (b)     the requirement for consent has been dispensed with under section 35 (Dispensing with consent) in relation to the child;

the chief executive is the guardian of the child (other than for the purpose of section 27) until—

        (c)     an adoption order is made; or

        (d)     any consent given is revoked; or

        (e)     the court makes an order relating to the guardianship of the child.

    (2)     Subsection (1) does not apply in relation to a child if—

        (a)     the principal officer of a private adoption agency is the guardian of the child (other than for section 27) because of subsection (3); or

        (b)     a declaration requested under section 38 (Transfer of guardianship of child pending adoption) that the child is under the guardianship of an authority in a State or another Territory is in force.

    (3)     If—

        (a)     each person whose consent to the adoption is required has consented and has, in writing, authorised a private adoption agency to make arrangements with a view to the adoption; and

        (b)     the principal officer of the private adoption agency informs the chief executive in writing that he or she is willing to assume the guardianship of the child;

the principal officer from time to time of the private adoption agency is the guardian of the child (other than for section 27) until—

        (c)     an adoption order is made; or

        (d)     any consent given is revoked; or

        (e)     the court makes an order relating to guardianship of the child.

    (4)     This section does not apply in relation to a child for whom the chief executive has long-term care responsibility under the Children and Young People Act 2008 .



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