South Australian Current Acts

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ADOPTION ACT 1988 - SECT 25

25—Guardianship of child awaiting adoption

        (1)         Where—

            (a)         each parent or guardian of a child has consented to the adoption of the child in general terms or such consent has been dispensed with; or

            (b)         it is intended that an order for the adoption of a child be sought under this Act and arrangements are complete for the transfer of guardianship of the child from an officer of another State or a Territory of the Commonwealth whose functions correspond to those of the Chief Executive to the Chief Executive,

the Chief Executive is the guardian of the child, for all purposes except the giving of consent to the adoption of the child, to the exclusion of all other persons until—

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

            (d)         a consent referred to in paragraph (a) is lawfully revoked; or

            (e)         the child is placed in the custody or under the guardianship of a person by order of a court; or

            (f)         the Chief Executive orders, in writing, that the child be placed in the custody of a parent of the child.

        (2)         The Chief Executive may, by agreement with some suitable person (including a parent of the child) and on such conditions as the Chief Executive considers appropriate, place a child of whom the Chief Executive is the guardian under this section in the care of that person.

        (3)         The fact that the Chief Executive is the guardian of a child under this section does not affect the liability of any person to maintain the child.

        (4)         This section does not apply to—

            (a)         a child who is under the guardianship of the Minister; or

            (b)         a child who is aged 18 years or more.



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