6 Restrictions on placing or keeping a child in a home for adoption

(1)

It shall not be lawful for any person to place or receive or keep any child under the age of 15 years in the home of any person for the purpose of adoption, unless—

(a)

prior approval has been given by a social worker, and that approval is for the time being in force; or

(b)

an interim order in respect of the proposed adoption is for the time being in force.

(2)

Any approval granted by a social worker for the purposes of this section shall remain in force for 1 month after it is granted:

provided that, where application to the court for an adoption order is made before the expiration of 1 month from the date of the grant of the approval, the approval shall remain in force until the application is abandoned or dismissed or an order is made by the court on the application.

(3)

An interim order may be made by the court in respect of a child notwithstanding that a social worker has refused to grant an approval under this section.

(4)

This section shall not apply in any case where—

(a)

the child is in the home pursuant to any provision of the Oranga Tamariki Act 1989 or to an order made pursuant to that Act; or

(b)

the child is in the home pursuant to an order made pursuant to the Care of Children Act 2004; or

(c)

the child is in the home of one of the child’s parents and a step-parent of the child; or

(d)

the child is in the home of a relative of the child (not being a relative who, in the absence of special circumstances, is prohibited, by reason of age or sex, from adopting the child).

Section 6(1)(a): amended, on 1 April 1972, by section 23(4)(b) of the Department of Social Welfare Act 1971 (1971 No 60).

Section 6(2): amended, on 1 April 1972, by section 23(4)(b) of the Department of Social Welfare Act 1971 (1971 No 60).

Section 6(3): amended, on 1 April 1972, by section 23(4)(b) of the Department of Social Welfare Act 1971 (1971 No 60).

Section 6(4): replaced, on 1 November 1989, by section 450(1) of the Children, Young Persons, and Their Families Act 1989 (1989 No 24).

Section 6(4)(a): amended on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 6(4)(b): amended, on 1 July 2005, by section 151 of the Care of Children Act 2004 (2004 No 90).