Adoption
Adoption is a legal process arranged under the
Adoption Act 2009, where legal rights and responsibility for a child
are permanently transferred from the birth parents to the child’s
adoptive parents. This means that the child is adopted and the birth
parents will no longer be the child’s legal parents and the child’s
adoptive parents will be the child’s legal parents.
Recent laws introduced in Queensland provide for a
more open adoption framework for future adoptions, allowing a degree of
openness in an adoption between the child’s family and adoptive family.
This will be set out in an adoption plan (see below).
What am I required to do if I am considering
adoption as an option with a pregnancy?
At any time during the pregnancy, contact the
Adoption Services Queensland unit at the Department of Child Safety,
a public hospital social worker, or a private hospital nurse counsellor
to discuss the adoption process and how to proceed.
It is also best to notify hospital personnel upon
hospital admission that adoption is being considered. This assists
hospital staff to be more sensitive to your needs.
How soon or how long after I give birth do I have
to decide?
Under the Adoption Act 2009, parents must receive pre-consent
counselling before consenting to a child’s adoption. The information
provided and discussed during pre-consent counselling will help parents
to think through the range of options available for the child’s
permanent care and make an informed decision about adoption. Pre-consent
counselling usually takes place over a number of interviews. This is to
ensure that you have enough time to consider all of the options,
including adoption, for securing permanent care for your child.
The earliest time at which the parents can sign an
adoption consent form is 30 days after a child’s birth and at least 14
days after pre-consent counselling after the birth.
Legally, any child under 18 years old can be placed
for adoption. Generally, children considered for adoption in Queensland
are under two years of age.
What will happen to the child during the
pre-consent stage of adoption?
Following the birth, the parent/s can have as much or as little contact
with the child as they choose. The parent/s can take the child home if
they choose, until they are ready to make a decision.
Alternatively, an adoption care agreement will be
arranged for the child to be cared for by approved carers while the
parent/s considers their options. It is important for parent/s to talk
with the hospital social worker about the immediate care arrangements.
At your request, arrangements can be made to visit the
child during the pre- consent counselling stage. The levels of contact
are determined by the parent/s and they are supported during the
process.
Must the father’s consent be obtained prior to the
adoption taking place?
Both parents must give their consent in order for a child’s adoption to
proceed. The only exception is where the children’s court has made an
order dispensing with the need for one or both parents to give their
consent (see below).
Can adoption proceed without a parent's consent?
The Adoption Act 2009 allows the Children’s Court to make an
order dispensing with a parent’s consent, if the court is satisfied that
there are grounds for dispensing with the need for the parent’s consent
and it is in the child’s best interests for arrangements for the child’s
adoption to continue. The grounds on which the need fro a parent’s
consent may be dispensed include:
- when a parent does not have the capacity to consent;
- where the identity or location of a parent cannot be established;
- if the child was conceived as a result of sexual assault;
- where there is an unacceptable risk of harm to the child or parent if
the other parent were made aware of the child’s birth or proposed
adoption.
What if the birth father wants to stop the
adoption?
If the father wants to stop the adoption he needs to apply for a
Parenting or Residence Order. This must be done through the Family
Court.
The Department of Child Safety must be informed in
writing of the 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 currently no legal way that a
biological father can obtain custody.
The Department encourages mothers to discuss the birth
and adoption decision with both the father and her parents so that an
agreement can be reached regarding care of the child, prior to the
consent being taken. Grandparents can also apply to the Family Court for
a Parenting or Residence Order.
Can I change my mind after signing the adoption
consent?
Yes. After giving consent, a birth parent has 30 days to revoke this
consent. The child goes into a foster placement for the revocation
period.
However the Department of Child Safety does allow
contact during the 30 day period. During the 30 day revocation period
birth parents are encouraged to:
- keep in contact with their departmental worker, who
can arrange visits and discuss how you are feeling about the adoption,
and
- receive information from the child’s carers regarding development and
progress generally.
Only one parent needs to sign a revocation form to
stop the adoption.
Can I change my mind after the 30 day revocation
period has expired?
After the 30 day revocation period has expired, Adoption Services
Queensland will make arrangements for the adoption to proceed. Adoption
Services Queensland will make a decision about the prospective adoptive
parents and talk to the parents about negotiating an adoption plan.
Once the Adoption order has been made, there is no
legal way that a birth parent can get the child back.
If the child cannot be placed with adoptive parents,
the Department will consult with the birth parents whether they wish the
child to be returned to his/her care.
Children without special needs are almost always
placed soon after the 30 days, unless the birth parents request more
time to consider their decision.
Will I be able to have contact with the child and
adoptive family after an adoption order has been made?
Yes. The Adoption Act 2009 introduced a more open adoption
framework for adoptions, allowing a degree of openness in an adoption
arrangement before the adopted child turns 18 to be arrived at through
agreement between the child’s birth family and the adoptive family. This
agreement will be set out in an adoption plan.
What is an adoption plan?
An adoption plan is a written document entered into between a child’s
parents and prospective adoptive when they wish there to be in-person
contact between the child’s birth family after an adoption order is
made. An adoption plan will not be legally enforceable and will not
alter the adoptive parents’ role as the child’s only legal parents. Both
the birth and adoptive parents can choose whether they wish to have an
open adoption and adoption plan. However, an adoption plan will be
compulsory where:
- a child’s birth and adoptive families wish to have
in-person contact between the child and the child’s birth family after
the adoption;
- the child to be adopted is, or has been, a child in care; or
- an Aboriginal or Torres Strait Islander child is to be adopted by a
person or couple from outside his or her community.
Adoption Services Queensland assists parties to
negotiate an adoption plan. The adoption plan addresses how contact will
happen and the intended nature and frequency of contact.
Is it compulsory to have contact?
No. An adoption plan may not include in- person contact and in some
circumstance such contact between the child and birth parents may not be
considered. In these circumstances, the adoption plan will be limited to
other matters and may include an agreement to exchange non-identifying
correspondence via the mailbox system.
What is the mail box system?
Under the Adoption Act 2009, the “Mail Box System” will continue for
both open and closed adoptions. This is a system whereby both parties
can exchange letters and gifts containing non-identifying only or
identifying information depending on the adoption plan agreed by both
the adoptive parents and birth parents.
Can I write a letter to the child to be read later
in life?
During the 30 day revocation period the birth mother can write a letter
to her child explaining why she is placing the child for adoption. This
letter should be written for an 8-10 year old.
The birth mother is also encouraged to write a letter
to the adoptive parents to introduce herself and let them know if she
would like to correspond with them through the mail box system.
If the birth mother wishes to correspond with the adoptive parents
throughout the child’s life, the Department will place the child with
adoptive parents who are willing to do this.
All letters are read by the Department to ensure they
do not contain identifying information. These letters are also kept on
file for the child to review after 18 years, if they wish to view their
adoption file.
Do I have to see the adopted person if they want to
see me?
Identifying information will be available to adult adopted persons and
their birth parents after the adopted person turns 18 years of age.
Identifying information will be released upon
completion of an application form lodged with the Department of Child
Safety, and payment of application fee.
All adoptions after 1 June 1991 are entered into on
the understanding that no objections to contact or the release of
identifying information can be lodged.
Must my child find out that he or she is adopted?
Yes. The Department of Child Safety 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 or her understanding of sexuality.
Can I choose the adoptive parents?
No. However, the Department of Child Safety is committed to matching the
adoptive parents as closely to the mother’s preferences as possible. The
Department encourages mothers to state their wishes regarding the type
of family and will endeavour to honour these wishes where possible.
Can I name my child?
Yes. The mother is encouraged to name her child, as she is required to
register her child’s birth before signing the consent form and because
the child needs a name until the time of placement with adoptive
parents. The adoptive parents do have the right to change the child’s
name.
If the mother 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.
What if I have twins?
Siblings and sometimes cousins, where possible are kept together. Twins
and multiple births are never separated.
If a woman places another child for adoption, she can
request that this child is offered to the family who adopted the first
child. If this adoption is not possible, then it is requested that the
new adoptive parents keep in close contact with the adoptive parents of
the child’s sibling.
What would happen if my child is born severely
disabled or requiring special attention of some kind?
Special needs children are often difficult to place with an adoptive
family. 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 a woman is having difficulty coping with the adoption of her child,
she may contact the Department of Child Safety to arrange support from a
professional counsellor or contact one of the groups listed below.
| Adopted person |
Person adopted by law |
| Adoptive parents | Legal parents of the adopted
person through law. Not the biological parents. |
| Birth father | Person believed to be the biological father |
| Birth mother | Biological mother of child relinquishing child for adoption |
| Mailbox Program | The only means of
communication between the adoptive parents and the birth parents, which is
monitored by the Department of Communities. (Note: communication of any
form is not compulsory) |
| Siblings | Biological brothers and/or sisters |
| Special needs children |
Children with severe
disabilities or requiring special attention of some kind. |
| 30 day revocation period |
The period of time following the written consent to adoption
in which the birth mother may change her mind. |
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 for Child Protection
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
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