Considering adoption for a child in Queensland

Consents required before a child can be adopted

The consent of a child's mother and father and every person who is a guardian of the child must freely and voluntarily be given, or the need for the consent dispensed with, before the Childrens Court can make an order for a child to be adopted.

The department must take reasonable steps to establish the identity and location of a child's father so he has the opportunity to participate in decisions about the child's adoption or other long-term arrangements for the child.

After identifying and/or locating a child's father, the department is required to inform him about how he can consent to the adoption, take steps to establish whether he is the child's father, or apply for a parenting order for the child in the Family Court of Australia.

Dispensing with the need for a consent

Although the consent of both a child's mother and father, regardless of their marital status, is needed before a child's adoption may proceed, there are some situations where adoption is in a child's best interests and can proceed, despite one or both of the child's parents having not given their consent.

In some situations, an application can be made to the Childrens Court seeking dispensation of the need for a parent's consent, in order for arrangements about the child's adoption to continue to proceed.

This might occur, for instance, if the child was conceived as a result of a criminal offence committed by the father, or where there would be an unacceptable risk of harm to the child or mother if the father was made aware of the child's birth or proposed adoption.

Other grounds for dispensing with the need for a person's consent include:

• if, after making all reasonable inquiries, the identity of the parent cannot be established or the parent cannot be found
• the parent does not have the capacity to give the consent, either because of the parent's young age or an intellectual impairment
• the parent is not, and will not be within a timeframe appropriate for the child's age and circumstances, willing and able to protect the child and meet the child's need for long-term stable care and is unreasonably withholding his or her consent to the adoption, or
• there are other special circumstances for giving the dispensation.

The court may dispense with the need for a parent's consent only if also satisfied it is in the child's best interests for the proposed adoption arrangements to continue to be made.

Making sure consent is informed and voluntary

The Adoption Act 2009 includes measures to ensure a person's consent to a child adoption is informed and is given voluntarily. These include requiring:

• the department to give parents written information about adoption and alternatives to adoption, to help them make a decision about consenting to their child's adoption
• the department to arrange for a parent to receive counselling about the alternatives to adoption and the possible emotional effects of adoption
• the department to provide information and carry out counselling in a way that enables the parent to understand
• if a child is an Aboriginal or Torres Strait Islander child, counselling to be carried out in a way and at a place appropriate to Aboriginal tradition or Island custom and, in part, by an appropriate Aboriginal or Torres Strait Islander person (except if the parent declines to receive the counselling in a way, or by a person, appropriate to Aboriginal tradition or Island custom)
• the person who counsels a parent to give a sworn statement that, in the counsellor's opinion, the parent understood the effect of giving consent and the effect of adoption
• 30 days to pass after a child's birth, 14 days to pass after a person is given information and 14 days to pass after a counsellor has formed the opinion that a person understands the effect of giving consent and of adoption, before a parent is able to consent to a child's adoption
• the department to take extra measures where the parent is not an adult, or there is reason to know or suspect the parent does not have the capacity to consent to the adoption, to determine whether the person is capable of consenting.

Revoking a consent

A parent or guardian who has consented to a child's adoption can revoke the consent within 30 days by giving written notice of the revocation to the department.

Considering a child's views in the adoption process

Where a child to be adopted is able to form and express views about the adoption, the child must be given information to help him or her form views about the adoption. This must include information about the adoption process and options other than adoption for the child's long-term care. The child must also receive counselling.

The child's age and ability to understand must be considered when information and counselling are given to the child to ensure the child can understand the information and take part in counselling to the appropriate extent.

If a child is an Aboriginal or Torres Strait Islander child, counselling must be carried out in a way and at a place appropriate to Aboriginal tradition or Island custom and may be by an appropriate Aboriginal or Torres Strait Islander person. This requirement does not apply if the child declines to receive the counselling in a way, or by a person, appropriate to Aboriginal tradition or Island custom.

The Childrens Court must consider a child's views before deciding whether or not to make an adoption order for the child.

Providing support for a child in the adoption process

The department may appoint a qualified person, such as a social worker or lawyer not employed by the department, who has the necessary expertise or experience to support the child during the adoption process.

If the Childrens Court considers it necessary and in the child's best interests, the court may order that the child be separately represented during adoption proceedings by a lawyer and may make any orders necessary to secure separate legal representation for the child. The court may also order the department to appoint a qualified person to support the child if necessary.

Expressing preferences for a child's placement when giving consent

Parents can express preferences about the type of adoptive family with whom they would like their child to be placed. Parents may want to express preferences about the religion, cultural background, age and lifestyle of the couple the department selects to adopt their child. Parents may also express preferences about having ongoing contact, either directly or through non-identifying correspondence, with the adoptive parents.

The department must have regard to preferences expressed by parents when selecting the couple best able to promote the child's wellbeing and best interests. The department must also have regard to a number of other matters when selecting a couple to be a child's adoptive parents, including the child's particular needs and the characteristics of couples assessed as suitable to be adoptive parents. Further information is provided in Selecting prospective adoptive parents for a child.