Corresponding by mailbox

Overview of the mailbox service

The mailbox service, which Adoption Services Queensland (ASQ) currently runs, allows parties to an adoption to voluntarily agree to exchange non-identifying information with each other. Parties do not know each others' names and addresses. Correspondence is sent by one party to ASQ, where it is reviewed to ensure its content is non-identifying, before being forwarded to the other party to the adoption.

The Adoption Act 2009 enables the mailbox service to continue to operate on a non-identifying basis, if that is what parties choose, or if parties are unable to exchange information directly because of the effect of an adoption order.

The new Act enables a child's adoptive and birth families, where there is a plan for an open adoption arrangement in place, to exchange correspondence, including identifying information, through ASQ's mailbox service. The arrangements may evolve as the child grows and the parties may choose to correspond directly, rather than through mailbox.

The new Act also enables parties to an adoption, including adult adopted people, to exchange identifying information via the mailbox service, where they have identifying information about each other but prefer to exchange information via the mailbox service operated by ASQ.

The mailbox service will be able to be used to facilitate contact preferences parties express in contact statements.

Type of information that may be exchanged

Parties may exchange only non-identifying information via mailbox if they are not entitled under the Adoption Act 2009 to receive identifying information at that time or if they are able to obtain identifying information about each other but choose to communicate on a non-identifying basis.

Parties to an adoption, who have obtained identifying information about each other, and who choose to correspond with each other via mailbox, may exchange identifying information.

Who can participate in mailbox?

The adopted child, the child's adoptive parents and the child's birth parents may participate in the exchange of correspondence via mailbox. While an adopted person is a child, he or she may take part only with the written consent of an adoptive parent. An adoptive parent who consents to the adopted child exchanging correspondence via mailbox can limit the consent to the exchange of only non-identifying information.

An adult relative of a birth parent may also take part if the birth parent gives consent, or does not have capacity to give consent, or has died. A birth parent who consents to a relative exchanging correspondence via mailbox can limit the consent to the exchange of only non-identifying information.

Parties to an adoption, where the adopted person is an adult, may also exchange correspondence via the mailbox service if this is their preference. It is likely some parties may choose to initially correspond via mailbox before making direct contact with each other.

Agreeing to participate in mailbox

A person who wishes to take part in the mailbox service, and who is eligible to take part, must advise of their agreement to participate in mailbox by completing a 'notice of participation in mailbox' form, available from ASQ.

ASQ can facilitate the exchange of correspondence only after both parties have agreed to participate in mailbox.

Exchanging letters and other items

A person participating in mailbox may give ASQ a letter, or other item, to pass on to another party to the adoption who has also agreed to participate in mailbox.

ASQ will pass on an item, other than money, a gift card, cheque or money order, if it is reasonably practical for ASQ to do so.

Unless parties are entitled to exchange identifying information, ASQ must review letters and items to ensure they do not contain identifying information before passing them on. Before passing letters or items on, ASQ must also review them to ensure they do not contain any distressing or concerning matters.

If distressing information is included, the letter or item may be passed on in a way, and at a time, that may minimise possible distress.

ASQ is not able to pass on a letter or an item if it includes identifying information that may not be exchanged or a concerning matter. ASQ will advise the sender of why the letter or item has not been passed on. If the sender requests, ASQ can:

• pass on a part of a letter or item that does not contain the identifying information or concerning matter
• pass on the letter or item after altering it so that the identifying information or concerning matter is blacked out and cannot be read
• return the letter or item to the sender
• destroy or otherwise deal with the document.

If the sender does not request any of these actions, ASQ can keep the letter or item or return it to the sender.

Photographs of a child under 2 years of age may be exchanged between parties participating in the mailbox service.

The Adoption Act 2009 also permits approval to be given for photographs of a person older than 2 years of age to be exchanged between participants through the mailbox service in some circumstances.

How the Adoption Act 2009 will affect people currently participating in Mailbox

A person who has been participating in mailbox before the commencement of the Adoption Act 2009 will be able to continue participating in mailbox if he or she:

• has provided ASQ with a letter or a signed form agreeing to participate
• is a person who can participate in mailbox under the Adoption Act 2009.

If any person who has been participating in mailbox before the commencement of the new Act seeks to alter the conditions of the agreement they previously gave, they will need to update their agreement to participate in mailbox. A person can update their agreement by completing a 'notice of participation in mailbox' form, available from ASQ.

Considering 'opening up' a current adoption

The new Act allows a child's adoptive and birth families to explore the option of 'opening' the adoption before the child's 18th birthday. An adoption would be 'opened' by the birth and adoptive families being given information about each other's identities, which will allow them to correspond and, perhaps, to decide to meet.

This process can be started by an adoptive parent, an adopted child (with his or her parent's agreement) or a birth parent asking ASQ for Access to identifying information before an adopted person is 18 years of age. ASQ then contacts the other party to discuss their interest in exchanging identifying information, unless there is a court order restricting the release of identifying information, making such contact is inconsistent with an (existing) adoption plan or the person has previously given the department instructions not to contact them for this purpose.

Written agreement must be given by a child's adoptive parents and a birth parent before any identifying information can be released. There is no legal obligation on either party to give this agreement.

In addition to requiring written consent to be provided by both parties, the department must also consider the adopted child's views, where the child is able to form and express views, and whether giving the information would be likely to be contrary to the child's wellbeing and interests, prior to providing parties with information.

A child's adoptive and birth families, who have obtained identifying information and are interested in 'opening' the adoption, may start by exchanging identifying information in correspondence through the mailbox before deciding to make face-to-face contact.