Guardianship of non-citizen child or young person
37 Guardianship of non-citizen child or young person
This section applies in relation to a non-citizen child or young person—
brought from a place outside Australia for adoption in the ACT; or
adopted outside Australia if the adoption is not recognised under this Act, part 4A.
The director‑general is the guardian of the child or young person while the child or young person is ordinarily resident in the ACT until—
the child or young person turns 18 years old; or
an adoption order is made; or
the court makes an order relating to the guardianship of the child or young person; or
the child or young person leaves Australia with the intention of remaining outside Australia permanently.
Note The Minister for Immigration of the Commonwealth is the guardian of a child arriving in Australia and subject to the Immigration (Guardianship of Children) Act 1946 (Cwlth) until an adoption order is made. The responsibility for guardianship is delegated to the director‑general under s 5 of the Immigration (Guardianship of Children) Act 1946 (Cwlth).
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