Western Australian Consolidated Acts Western Australian Consolidated Acts (1) When all consents
to a child’s adoption required by section 17(1) have been
either —
(a)
delivered under section 18(1)(e); or
(b)
dispensed with under section 24(2),
the child’s
guardian or guardians are to be as provided by this section, to the exclusion
of all other persons.
(2) Where the
child’s step-parent who is married to, or in a de facto relationship
with, the birth parent who has the responsibility for the long-term and
day-to-day care, welfare and development of the child has been specified in
the forms of consent as the prospective adoptive parent, that birth parent and
the step-parent are to be joint guardians.
(3) Where a carer of
the child has been specified in the forms of consent as the prospective
adoptive parent, that person is to be the guardian.
(4) Where carers of
the child have been specified in the forms of consent as the prospective
adoptive parents, those persons are to be joint guardians.
(5) Where a
prospective adoptive parent has not been specified in the forms of consent or
the Court has dispensed with all consents required by section 17(1), the
CEO is to be the guardian.
(6)
Subsections (2), (3), (4) and (5) do not apply where the
child —
(a) the
child is the subject of a protection order (time-limited) or protection order
(until 18) under the Children and Community Services Act 2004 ; or
(b) is
under the guardianship of a person by operation of the law of another State or
a Territory corresponding to the provisions of Part 4 of the
Children and Community Services Act 2004 ,
in which case the
child’s guardian continues to be the child’s guardian for the
purposes of this Division.
[Section 27 amended by No. 41 of 1997
s. 13; No. 3 of 2002 s. 11; No. 34 of 2004 s. 251.]