Adoption Act 2009

On application made by a person mentioned in subsection (2), the Childrens Court may make an order declaring that an adoption is one to which section 292 or 293 applies.

Any of the following persons may make the application—

the adopted child;

an adoptive parent;

a person tracing a relationship, because of the adoption, through or to the adopted child.

The applicant must serve a copy of the application on the chief executive at least 21 days before the day fixed for the hearing of the application.

The chief executive is entitled to be joined as a party to the proceedings.

The court may—

direct that notice of the application be given to the Attorney-General or any other person the court considers appropriate; or

direct that a person be made a party to the application; or

permit a person having an interest in the matter to be joined as a party to the proceedings.

If the court grants the application, it may include in the order any particulars relating to the adoption, the adopted child or an adoptive parent as the court finds to be established.

The court may make the orders about costs and security for costs, whether by way of interlocutory order or otherwise, as the court thinks just.

For the purposes of the laws of Queensland, an order under this section binds the State, whether or not notice was given to the Attorney-General, but, except as provided in subsection (9), does not affect—

the rights of a person other than—

a party to the proceedings for the order; and

a person to whom notice of the application for the order was given; and

a person claiming through a person mentioned in subparagraph (i) or (ii); or

an earlier judgment, order or decree of a court of competent jurisdiction.

In proceedings in a court in Queensland relating to the rights of a person other than a person mentioned in subsection (8)(a)(i) to (iii), a copy of an order made under this section, certified by the registrar of the Supreme Court to be a true copy, is evidence that an adoption—

was effected in accordance with the particulars contained in the order; and

is an adoption to which section 292 or 293 applies.