46Guardianship of child awaiting adoption

46 Guardianship of child awaiting adoption

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

(1) Where each person whose consent to the adoption of a child is required under section 33 has consented to the adoption of the child or the consent has been dispensed with under this Act, the Secretary or, where an approved agency is authorized to make arrangements with a view to the adoption of the child, the principal officer of that agency, shall be the guardian of the child for all purposes (other than the purposes of section 33) to the exclusion of all other persons until—

(a) an adoption order is made in respect of the child;

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

(b) the Secretary or principal officer renounces guardianship of the child under subsection (4);

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

(c) the Secretary or principal officer by writing under the hand of the Secretary or principal officer releases the child to the parents or to one of the parents of the child;

(d) in the case of any consent so given, the instrument of consent is lawfully revoked;

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

(e) where the Secretary or principal officer has given notice under section 38 to each person who has given consent, at the expiration of 140 days after the Secretary or principal officer gave the notice or notices; or

(f) the Court, by order, makes other provision for the guardianship of the child.

(2) Except where a child is on placement with a view to adoption, a release in writing of a child under subsection (1) to the parents or to one of the parents of the child revokes any consent given by the parents or either of them to the adoption of the child.

(3) Subsection (1) does not apply to or in relation to—

S. 46(3)(a) amended by Nos 72/1997
s. 12(b), 68/2015 s. 11.

(a) a child the adoption of whom by a spouse or domestic partner of a parent of the child or by a relative, or by a relative and the spouse or domestic partner of the relative, of the child is being negotiated or arranged; or

S. 46(3)(b) amended by Nos 16/1987 s. 4(3)(Sch. 1 item 1(b)), 69/1989 s. 11(2), 56/1989 s. 286(Sch. 2 item 1.2(a)(b)) (as amended by No. 93/1990 s. 24(h)(i)(ii)), 46/1998
s. 7(Sch. 1), substituted by No. 48/2006 s. 42(Sch. item 1.2), amended by No. 61/2014 s. 161.

(b) a child who is the subject of a care by Secretary order or long-term care order within the meaning of the Children, Youth and Families Act 2005 or who is under the guardianship of a person by reason of provisions of an Act of another State or ofa Territory corresponding to the provisions of the by reason of which a child may be such a ward.