26Acceptance of consents in accordance with Form 5

26 Acceptance of consents in accordance with Form 5

(1)  If consent to the adoption of a child in accordance with Form 5 is certified by a principal officer or a person employed by an approved agency under regulation 6(3) and the consent authorizes the principal officer to make arrangements for the adoption of the child, the principal officer must, within 14 days after the signing of the consent –

(a) forward the consent by registered post to the Secretary for acceptance of the guardianship of the child; and

(b) inform the Secretary as to whether or not the approved agency is willing to make those arrangements.

(2)  If the Secretary receives consent under subregulation (1)(a) , the Secretary must –

(a) if he or she is satisfied that there is no likely impediment to the adoption of the child named on the consent, signify acceptance of guardianship under section 40(2)(c) of the Act; and

(b) notify that acceptance of guardianship to the principal officer by registered post.

(3)  If the Secretary is not willing to signify acceptance of the guardianship of a child, the Secretary must give written notification of that fact to the person giving the consent and, where the case so requires, the principal officer.