Adoption

Adoption is not so much an option for people who want children, as it is a means of securing care for children who cannot remain with their birth families. 

In Queensland, the main purpose of the legislation governing adoption is to “provide for the adoption of children in Queensland, and for access to information about parties to adoptions in Queensland, in a way that—

a) promotes the wellbeing and best interests of adopted persons throughout their lives; and

b) supports efficient and accountable practice in the delivery of adoption services; and

c) complies with Australia’s obligations under the Hague convention.”

The well-being and best interests of the child, throughout the child’s life, are paramount.

There has been a significant decrease in the number of children adopted in Australia to only 441 adoptions between 2008 and 2009 Australia-wide and including inter-country adoptions.   In Queensland, there are currently only 8 children subject to adoption Orders in the current financial year. 

So, how can people adopt, in Queensland, now?

It is an offence to privately arrange adoptions. Adoptions must be arranged through Adoption Services Queensland.

Adoptions are now finalised by way of Order of the Children’s Court, rather than the previous regime which saw adoptions finalised administratively. This reform brings the Queensland adoption regime into line with other Australian jurisdictions. 

The Chief Executive (Child Safety) is intrinsically involved in the entire process.  

Once consent to the adoption has been given, irrespective of whether there is a care arrangement in place, guardianship of the child is held by the Chief Executive for at least 12 months.  In some instances, the Court can dispense with the need for the birth parent/s’ consent. 

Prior to the Act, there were blanket bans on the availability of any information which might identify potential adopters, or the adoptee, to the birth family, or birth family to the potential adopters, or the adoptee, until the adoptee was 18 years old. 

The most revolutionary aspect of recent legislation is the possibility for all parties associated with an adoption – including the potential adopters, the birth family and the adoptee – to have an ongoing relationship and involvement in each other’s lives. 

Previously, it was possible for the birth parents and/or the adoptee to block the ability of the other to find out identifying information as an administrative step.  That ability has been removed. Further, if a person seeks information about that other party, they are deemed to have consented to their information being released even before the adoptee comes of age.  The Chief Executive has the discretion to release identifying information.

An application can be made to Court for a block on the release of identifying information in circumstances where there would be a risk of harm if the information was released. Persons who can make that application to Court include only an adopted person, a birth parent or adoptive parent of  an adopted person or the chief executive.  The Chief Executive can gather and provide non-identifying medical information, irrespective of the wishes of the persons involved.  The Act sets up a mailbox service as well, providing for the exchange of information, via the Chief Executive.

Whilst the fresh approach to ongoing relationships between all parties seems like a giant leap, the 2009 Act has been criticised.

As progressive as the Act claims to be, it still prevents same-sex couples from obtaining a parentage Order.  The Act specifically states that decisions can be made even if they fail to comply with anti-discrimination legislation.  Even step-parents of a step-child of their same sex spouse are excluded from the adoption process by reference to the eligibility requirements applied.

Individual liability limited by a scheme approved under Professional Standards Legislation.