Adoption Act 2009

This Act may be cited as the Adoption Act 2009.

This Act, other than part 17, division 1, commences on a day to be fixed by proclamation.

The dictionary in schedule 3 defines particular words used in this Act.

This Act binds all persons including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and all the other States.

Subsection (1) does not make the State, the Commonwealth or another State liable for an offence.

The main object of this Act 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—

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

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

complies with Australia’s obligations under the Hague convention.

This Act is to be administered under the principle that the wellbeing and best interests of an adopted child, both through childhood and the rest of his or her life, are paramount.

Subject to subsection (1), this Act is to be administered under the following principles—

the purpose of an adoption is to provide for a child’s long-term care, wellbeing and development by creating a permanent parent-child relationship between the child and the adoptive parents;

adoption is an appropriate long-term care option for a child if—

the child’s parents choose adoption for the child’s long-term care; or

the child does not have a parent who is willing and able to protect the child from harm and meet the child’s need for long-term stable care;

each of the parties to an adoption or proposed adoption should be given the information the party reasonably needs to participate effectively in processes under this Act;

a child should be kept informed of matters affecting the child in a way and to an extent that is appropriate, having regard to the child’s age and ability to understand;

the process for a child’s adoption should include considering the views of—

the child’s parents; and

the child, if the child is able to form and express views about the adoption, having regard to the child’s age and ability to understand;

an adopted child of a particular ethnic or other cultural background should have—

access to information about the child’s ethnic or cultural heritage; and

opportunities to develop and maintain a connection with the child’s ethnicity or culture; and

opportunities to maintain contact with the child’s community or language group;

a child’s adoptive parents have the primary responsibility for the child’s upbringing, protection and development;

an adopted child should be cared for in a way that—

ensures a safe, stable and nurturing family and home life; and

promotes openness and honesty about the child’s adoption; and

promotes the development of the child’s emotional, mental, physical and social wellbeing;

the same protection, support and resources should be available to an adopted person regardless of whether the adoption was a local adoption, intercountry adoption or adoption by a step-parent;

although a final adoption order changes legal relationships, it may be in an adopted child’s best interests for—

the child’s emotional connections with members of the child’s birth family to continue; or

the child to have ongoing contact with members of the child’s birth family; or

the child or the child’s adoptive parents to exchange information with members of the child’s birth family.

This Act is also to be administered under the following principles—

because adoption (as provided for in this Act) is not part of Aboriginal tradition or Island custom, adoption of an Aboriginal or Torres Strait Islander child should be considered as a way of meeting the child’s need for long-term stable care only if there is no better available option;Note—

The Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020 provides for the legal recognition of Torres Strait Islander traditional child rearing practice where parental responsibility for a child is permanently transferred from the child’s birth parents to the child’s cultural parents.

it is in the best interests of an Aboriginal or Torres Strait Islander child—

to be cared for within an Aboriginal or Torres Strait Islander community; and

to maintain contact with the child’s community or language group; and

to develop and maintain a connection with the child’s Aboriginal tradition or Island custom; and

for the child’s sense of Aboriginal or Torres Strait Islander identity to be preserved and enhanced.

If the Childrens Court exercises a power under this Act in relation to an Aboriginal or Torres Strait Islander child, the court must have regard to the views, about the child and about Aboriginal tradition or Island custom relating to the child, of an appropriate Aboriginal or Torres Strait Islander person.

As far as is reasonably practicable, the chief executive and other officers of the department must try to conduct consultations, counselling, negotiations and other proceedings involving an Aboriginal person or Torres Strait Islander in a way and in a place that is appropriate to Aboriginal tradition or Island custom.

Despite the Anti-Discrimination Act 1991, a person may make a decision or do another act that is necessary to comply with, or is specifically authorised by, this Act.

Without limiting subsection (1), a person may make a decision or do another act under this Act to comply with the main guiding principle under section 6(1).

Unless a contrary intention appears, a reference in this Act to a child’s wellbeing or best interests is a reference to the child’s wellbeing or best interests through both childhood and the rest of his or her life.

For this Act, if a person and the person’s spouse have separated and are living separately and apart, the spouse is taken not to be the person’s spouse.

A child may be adopted by an order of the Childrens Court under this Act.

A child may be adopted whether or not the child has been previously adopted.

An adult may not be adopted.

The power to make an adoption order under this Act does not depend on any fact or circumstance not expressly stated in this Act.