ADOPTION ACT 1984 - SECT 45 Care of child awaiting adoption

ADOPTION ACT 1984 - SECT 45

S. 45(1) amended by No. 46/1998

s. 7(Sch. 1).

    (1)     Where—

        (a)     a person whose consent to the adoption of a child is required under this Act proposes to give that consent; or

        (b)     a person has given consent to the adoption of a child but the consent of another person is required, or has to be dispensed with, before an adoption order can be made—

and a person having the custody or guardianship of the child has authorized the Secretary or the principal officer to exercise any rights of custody in respect of the child, that authority ceases—

        (c)     subject to subsection (2), on the expiration of six months after the authority is given;

        (d)     if the person withdraws consent to the adoption;

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

        (f)     upon revocation of the authority by the person who gave it; or

        (g)     upon the person who gave the authority ceasing to be entitled to custody or guardianship of the child—

whichever first occurs.

S. 45(2) amended by No. 46/1998

s. 7(Sch. 1).

    (2)     The period of six months may from time to time be extended, by the agreement of the person who gave the authority and the Secretary or principal officer for further periods, not exceeding six months, but the total of the periods for which the authority is given or renewed shall not exceed eighteen months from the time when the first authority was given.

S. 45(3) amended by No. 46/1998

s. 7(Sch. 1).

    (3)     Where an authority given under subsection (1) ceases, the Secretary or the principal officer shall—

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

S. 45(3)(b) amended by Nos 16/1987 ss 4(3)(Sch. 1 item 1(a)), 12(Sch. 2 item 1(c)), 69/1992 s. 34, 48/2006 s. 42(Sch. item 1.1).

        (b)     where such a person cannot after reasonable enquiry be found, take such steps as are necessary to make a protection application in respect of the child under the Children, Youth and Families Act 2005 .

No. 7147 s. 31.