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s 40

Guardianship of child awaiting adoption

In force
Part IIAdoptions under this Act
Division 4Care of child pending adoption

40 Guardianship of child awaiting adoption

Where each person whose consent to the adoption of a child is required under section 29 has consented to the adoption of the child or the consent has been dispensed with under this Act, the Secretary shall be the guardian of the child for all purposes other than the purposes of that section to the exclusion of all other persons until – an adoption order is made in respect of the child; or the Secretary renounces guardianship of the child under section 41; or the Secretary, by writing under his hand, releases the child to the parents or to one of the parents of the child; or in the case of any consent so given, the instrument of consent is lawfully revoked; or a court of competent jurisdiction, by order, makes other provision for the guardianship of the child.

Subsection (1) does not apply to, or in relation to – a child the adoption of whom by a spouse of a parent of the child or by a relative, or by a relative and the spouse of the relative, of the child is being negotiated or arranged; or a child who is under the guardianship of the Secretary by reason of – a care and protection order made under the Children, Young Persons and Their Families Act 1997; or the assumption of guardianship under section 76 of that Act; or a child unless and until – the Secretary has received notice in writing that a general consent to the adoption of the child has been given; and the Secretary has signified his acceptance of the guardianship of the child.

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Section 40 — Guardianship of child awaiting adoption — Adoption Act 1988 (Tasmania) — Barrister AI