Public Assistance Act, 1939

Vesting of parental authority in public assistance authorities.

44.—(1) This section applies to a legitimate child both of whose parents are dead or who is deserted by both of its parents or (where one of its parents is dead) by its surviving parent, and to an illegitimate child whose mother is dead or who is deserted by its mother.

(2) Every public assistance authority shall have, in relation to every child to whom this section applies who has not attained the age of sixteen years and is maintained by such authority, all the rights and powers of the parents of such child.

(3) In the case of a legitimate child who has been deserted by both its parents or its surviving parent, nothing in this section shall authorise a public assistance authority to detain such child if both or either of its parents claims the child for the purposes of maintaining it.

(4) In the case of an illegitimate child who has been deserted by its mother, nothing in this section shall authorise a public assistance authority to detain such child if its mother claims it for the purpose of maintaining it.