AustLII Tasmanian Consolidated Acts

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ADOPTION ACT 1988 - SECT 39

Division 4 - Care of child pending adoption 39. Care of child pending adoption

      (1) The Secretary or the principal officer of an approved agency may, in accordance with this section, exercise rights of custody in respect of a child who is proposed to be adopted.

      (2) Where –

(a) the consent of a person to the adoption of a child has been given but an adoption order in respect of that child can not be made unless the consent of another person is given or dispensed with under this Act; or

(b) it appears to the Secretary or the principal officer of an approved agency that a person whose consent is required under this Act to the adoption of a child proposes to give that consent –

a person who has the custody or guardianship of the child may, in writing, authorize the Secretary or principal officer to exercise any rights of custody in respect of the child.

      (3) An authority given under subsection (2) ceases –

(a) on the expiration of a period of 6 months after the authority is given or, if that period is extended for a further period of 6 months by an agreement in writing between the person who gave the authority and the Secretary or principal officer, on the expiration of that further period; or

(b) if a person who has given consent to the adoption revokes that consent; or

(c) when all consents required for the adoption have been given or dispensed with; or

(d) if the person who gave the authority revokes it; or

(e) if the person who gave the authority ceases to be entitled to custody or guardianship of the child –

whichever first occurs, and on the cessation of that authority pursuant to paragraph (a), (b), (d), or (e), the Secretary or principal officer shall –

(f) deliver the child to a person who at that time is entitled to the custody or guardianship of the child; or

(g) where such a person cannot after reasonable inquiry be found, apply under the Children, Young Persons and Their Families Act 1997 for a care and protection order granting guardianship of the child to the Secretary.



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