Australia: Children's Protection (Lawful Surrender of Newborn Child) Amendment Bill (SA) 2011

Submitted by Minuteman on Wed, 2012-02-29 03:33

Link here. Excerpt:

'The mother of a newborn child who surrenders the child—
(a) into the physical custody of a prescribed person at a hospital or medical practice; or
(b) at a prescribed hospital in a place—
(i) specifically designed for the purpose; and
(ii) designated for the purpose by signs, in accordance with the regulations; or
(c) to some other person or at some other place in accordance
with the regulations, will not be liable to prosecution for an offence arising only from that act.

(2) A mother surrendering a child under this section—
(a) is not required to provide identifying information in relation to the child or herself (and a prescribed person, or some other person to whom a child is surrendered in accordance with the regulations, is not required to ask for such information or for information about the age of the child);
but
(b) is to be encouraged—
(i) to provide information that may be of relevance to
the current or future health of the child; and
(ii) to seek medical treatment or other support services for herself anonymously or otherwise.
...
9D—Adoption or guardianship
(1) The Minister must, as soon as practicable after the surrender of a child under this Part, take action to enable the child to be adopted.'

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Comments

I think this says a great deal more:

"9E—Applications by mother or father
(1) The mother of a child surrendered under this Part may, while the child is under the guardianship of the Minister, apply to the Minister for the return of her child and, subject to this section, the child must be returned to his or her mother.
(2) The father of a child surrendered under this Part may, while the child is under the guardianship of the Minister, apply to the Minister to assume responsibility for his child and, subject to this section, the child must be given to his or her father if—
(a) the father's application is made at least 6 weeks after the surrender of the child and no application has been made by the mother for the return of the child; or
(b) the father's application is made before 6 weeks has elapsed but 6 weeks elapses without an application being made by the mother; or"

So if the mother abandon's the child, the father STILL can't get the child unless the mother continues to abandon it. If she catch's wind that he applied to get the child, she can apply and nab it out from under him. And I still can't figure out what happens if a father applies, but the state manages to find a guardian before the 6 weeks elapses. After all, according to 9c-4-a, the minister is the lawful guardian until the child is GIVEN to the mother or father, but the child isn't given to the father unless 6 weeks has elapsed without an application by the mother (but says nothing about other options the state has)

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Submitted by Kratch on Wed, 2012-02-29 20:16