CHILDREN BY CHOICE ASSOCIATION INCORPORATED

Adoption

What should I do if I am considering adoption as an option with a pregnancy?

At any time during the pregnancy you can contact the Local and Post Adoption Services Unit at the Queensland Department of Child Safety to discuss the adoption process and how to proceed. There is no assumption that parents who contact the Unit for information will proceed with consenting to their child's adoption. The Unit is responsible for ensuring that any parent considering adoption fully understands the range of care options available for children and the implications of signing an adoption consent in relation to their child and the effect of an adoption order.

It is best that you tell the hospital staff when you are admitted for delivery that adoption is being considered. This assists hospital staff to be more sensitive to your situation and needs. Some birth parents choose to care for their babies completely while others prefer to limit their contact.

How soon or how long after I give birth do I have to decide?

The earliest time at which you can sign an Adoption Consent is seven days following the birth. The birth parents must attend at least one pre-consent counselling session. The birth father must also separately consent to the adoption of the child, if he can be identified. If he cannot be identified, a court is able to dispense with his consent.

You can choose to take the child home from hospital and still choose adoption at an older age. The latest time is up to 18 years after the birth. Like children with special needs, older children may be harder to place.  Only children under two will be placed through the General Children's Adoption Program.

Can I change my mind after signing the Adoption Consent?

Yes. After giving consent, either birth parent has 30 days to revoke this consent. This is called the revocation period or “cooling off” period. The child goes into a foster placement for the revocation period. You retain all guardianship rights to the child and can change your mind about the placement at any time.

The Department will keep in contact with you over the 30 day period, and you can still request visits with your child during this time.

Can I get my baby back after the 30 day revocation period has expired?

After the 30 day revocation period has expired, the Adoption Order is made and the child will be placed with adoptive parents. Once the Adoption Order has been made, there is absolutely no legal way that you can get the child back.

Children in the general category are almost always placed soon after the Adoption Order.  If the child cannot be placed with adoptive parents, the Department will consult with you whether you wish the child to be returned to your care. It is important for birth parents to be aware that children with special needs may take longer to place.

Can I meet my child’s new parents?

There can be no direct contact between birth parents, the adopted child and the adoptive parents until the child turns 18 years. The Department of Communities is committed to matching the adoptive parents as closely to the birth mother’s preferences as possible and will provide general information about the adoptive family.  The Department encourages birth mothers to state their wishes regarding the type of family and will try to honour these wishes where possible.

Under Queensland legislation the only form of contact available, while the child is under 18 years of age, is by the “Mailbox Program”. Participation is voluntary. This is a system whereby both parties can exchange letters and gifts containing non-identifying information. The frequency and duration of letter exchange is entirely up to the people involved. Photographs can be sent to you until the child is two years old. You can also request the Department to hold the information on file until you feel ready to receive them at any time in the future.

Can I name my child?

Yes. You are required to register the child’s birth before signing the Adoption Consent. The original birth certificate is available to the child after they are 18 years old. If you don’t name the child, they will be registered as “unnamed female” or “unnamed male”, followed by your last name. It can be disappointing for the child to discover at 18 years that they were not named by their birth mother. It also is encouraged for the birth father to sign the registration form. It is possible to have the original birth certificate amended to include his name at a later stage.

The adoptive parents do have the right to change the child’s name. If you would like the adoptive parents to keep the child’s name as either a first or second name, the department will try to place the child with adoptive parents who will agree to do this.

Do I have to see the child if they want to see me?

Identifying information is available to both the adult adopted person and their birth parents after the adopted person turns 18 years of age.  It is up to you whether you make contact or what you do if they contact you.   

All adoptions after 1 June 1991 are entered into on the understanding that NO OBJECTION TO CONTACT OR THE RELEASE OF IDENTIFYING INFORMATION CAN BE LODGED.   Identifying information will be released upon completion of an application form lodged with the Department of Communities, and payment of application fee.

Must the birth father’s consent be obtained prior to the adoption taking place?

The birth father's consent it only required if he is married to the birth mother (this is a new rule in 2008).  The Department advises that in other cases they will try to contact the birth father to find out his views on the adoption.  In cases where consent is required but not possible to obtain, the Supreme Court or Children's Court can dispense with the need for the birth father's consent, so the adoption can still take place.

What if the birth father wants to stop the adoption?

If the birth father wants to stop the adoption he needs to apply for a Parenting or Residence Order through the Family Court.

The Department of Communities must be informed in writing of the birth father’s intention to apply to the Family Court, before the 30 day revocation period has expired. After the child has been placed with adoptive parents there is no legal way that a birth father can obtain custody.

The Department encourages birth mothers to discuss the birth and adoption decision with the birth father so that an agreement can be reached regarding care of the child, prior to the Adoption Consent. The child will remain in pre-adoptive foster care until the Family Court has decided upon the birth father’s application. Family Law Court applications can take many months to be resolved.

What if my parents or his parents want to stop the decision?

Grandparents can apply to the Family Court for a Parenting Order or Residence Order. The Department will encourage you to resolve the issue within the family unit prior to the Adoption Consent being signed as it is not in the child’s best interest to remain in the care of the Department until the Family Court makes a decision.

Can I write a letter to the child to be read later in life?

During the 30 day revocation period the birth mother is invited to write a letter to her child explaining why she is placing the child for adoption. This letter should be written for an eight to ten year old child.

The birth mother is also encouraged to write a letter to the adoptive parents introducing herself and letting them know if she would like to correspond with them through the Mailbox Program.

If birth mother wishes to correspond with the adoptive parents throughout the child’s life, the department will seek adoptive parents who are willing to do this.

Must my child find out that he/she is adopted?

Yes. The Department of Communities encourages adoptive parents to ensure that every adopted child knows that he or she is adopted. This is encouraged to take place as part of the child’s growing up process, and in line with his/her understanding of sexuality.

What would happen if my child is born severely disabled or requiring special attention of some kind?

“Special Needs” children are not in demand. Often difficulty is experienced in placing them. If suitable adoptive parents are not found, they remain in foster care long-term, as there is no longer institutional care for children with special needs.

What if I find I cannot cope after the adoption?

If you are having difficulty coping with the adoption of your child, you can contact the Department of Communities about referral to the Department’s trained counsellors.

The Department has trained a group of professionals, external to the organisation, in post-adoption counselling. This counselling is specific to issues arising either for the birth mother or the adopted person after the adopted person has turned 18 years of age, eg. issues relating to contact or identifying information.

Glossary of Terms:

Adoption Services - Other States of Australia

The legislation regarding adoption differs in all states and territories in Australia.  To contact Adoption Services in other states:

NSW Department of Community Services
Victoria Department of Human Services
WA Department of Community Development
Adoption and Family Service Unit of South Australia
Department of Health and Human Services Tasmania
New Zealand

Adoption support services and information about the experience(s) of adoption

Jigsaw (QLD)
Adoption Privacy Protection Group
Link Up (indigenous site)
NSW Post Adoption Support Centre
VANISH-Victorian Adoption Network for Information and Self Help