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The term ‘Adopting a child in Queensland’ refers to the process of transferal of legal rights and responsibilities of parenthood from one set of parents to another. This includes both the process of adopting a child into a family and, those parents who wish to place their existing child into adoption for various reasons.
In Queensland, adoptions must be organized through Adoption Services Queensland, as it is currently unlawful for persons to privately arrange an adoption.
The process of Adopting a child in Queensland involving entering your name on the “expression of interest” register with Adoption Services Queensland.
Persons who have entered their details on this register will then be assessed as suitable to adopt. Eligibility to have your name entered on the register requires either:
Prior to 2016, the ninth requirement demanded the adoptive parties be of the opposite sex, however, since the Queensland government passed the Queensland Adoption and Other Legislation Amendment Bill 2016, same-sex adoption in Queensland are not precluded from adoption any longer.
If the Department determines you are ineligible or unsuitable to express interest on the register or adopt a child, the reasons for this decision must be provided.
You have the right to have this decision reviewed, however, the Queensland Civil and Administrative Tribunal (QCAT) body which reviews the original decision is unlikely to overturn it unless there has been an error in assessment, error in law, or some other substantial injustice.
Whilst not usual for parents to formally adopt a step-child of the other parent’s previous relationship, a person may adopt a step-child provided:
Consent of the child’s biological parents or other guardians is required to be freely and voluntarily given, provided the parties are known.
If the identity of a birth parent is unknown, the department must take reasonable steps to locate this person to provide the opportunity to participate in the decisions relating to the child’s adoption.
If the proposed adoption involves a step-child, both birth parents must consent to the adoption before the Children’s Court.
However, in certain circumstances, this consent may be dispensed if a party does not have the capacity to do so, or, is unnecessarily withholding consent.
Under the current Queensland law, once an adoption order has been made, the previous parental rights and responsibilities are extinguished, transferring to the adoptive parents. This includes the requirement to pay child support. During this process, the adoptive parents are able to change the child’s name. learn more in Child Support.
To affect a final Adopting a child in Queensland order, ensure that this is registered with the Registry for Births, Deaths, and Marriages and you receive the new birth certificate of the child. This new certificate features the child’s name post adoptions and includes the names of the new parents.
For more information about Adoption Law in Brisbane, Australia, contact the Brisbane family law team at James Noble Law today for a FREE, no-obligation 20-minute consultation. To schedule an appointment with one of our Qualified and experienced Family lawyers Brisbane.
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