Queensland Consolidated Acts

ADOPTION OF CHILDREN ACT 1964

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

   1.      Short title
   2.      Commencement
   5A.     Objective of Act
   5B.     Inherent jurisdiction of Supreme Court preserved
   6.      Definitions
   6A.     Convention countries

           Part 2--Jurisdiction concerning adoptions

   7.      Adoption by order of chief executive
   7A.     Nexus with Queensland
   7B.     Rules of private international law not relevant

           Part 3--Adoptions under this Act

           Division 1--General

   10.     Welfare and interests of child to be paramount
   11.     Who may be adopted
   12.     Persons in whose favour adoption orders may be made
   13.     Age of adopters

           Division 1A--Purpose of division, applications, invitations, expressions of interest, assessment after expression of interest and related matters

   13A.    Purposes of division
   13AA.   Application for adoption of a special needs child or a child who is a relative
   13AB.   Chief executive must publicly invite persons to express interest in being assessed as suitable to be prospective adopters
   13AC.   Inclusion of person's name in expression of interest register
   13AD.   Information to be given to each person who expresses interest in being assessed as suitable to be a prospective adopter
   13AE.   Assessments after person's name entered in adoption list
   13AF.   Assessments required to meet anticipated placement needs of children
   13B.    Chief executive's assessments
   13C.    Matters to be regarded for assessment
   13D.    What happens after favourable assessment
   13E.    Ineligibility after person's name entered in assessment register
   14.     Further assessment of prospective adopters
   14B.    Criminal histories to be disclosed
   14C.    Procedure upon assessments under s 14
   14D.    Reviews by tribunal about adoption lists, expression of interest register, assessment register and assessments
   15.     Notice of intention to make adoption order
   16.     Discharge of adoption orders

           Division 2--Adoption lists, expression of interest register and assessment register

   17.     Keeping of adoption lists, expression of interest register and assessment register
   18.     Matters to be considered if general consent given, or dispensed with, for adoption of child other than a special needs child
   18A.    Placement of children with indigenous or ethnic backgrounds

           Division 2A--Intercountry adoptions

   18AA.   Definition of application for div 2A
   18B.    Operation of pt 3 not limited
   18C.    Adoption of a child from Queensland by a person habitually resident in a convention country
   18D.    Adoption of a child from a convention country by a person habitually resident in Queensland

           Division 3--Consents to adoptions

   19.     Consents of parents and guardians required to adoptions
   20.     Giving of consents
   21.     Consents given under law of another State or of a Territory of the Commonwealth
   22.     Revocation of consents
   23.     Form of consents
   24.     Defective consents
   25.     Court may dispense with consents
   25A.    Consent not required in certain circumstances
   26.     Consent of child
   26A.    Provisions concerning court's jurisdiction—appeals
   27.     Guardianship of child awaiting adoption
   27A.    Register of children for adoption
   27B.    Renunciation of guardianship of child to be adopted in another State or Territory
   27C.    Chief executive may enter into arrangements

           Division 4--Effect of adoption orders

   28.     General effect of adoption orders
   29.     Effect of orders as regards dispositions of property etc.
   29A.    Bequest by will to unascertained adopted persons
   30.     Names of adopted child
   32.     Adoption order not to affect the distribution of property by trustees or personal representatives unless notice given

           Division 5--Interim orders

   33.     Making of interim orders
   34.     Duration of interim orders
   34A.    Effect of interim orders on child protection orders
   35.     Discharge of interim orders

           Part 4--Recognition of adoptions and related matters

           Division 1--Recognition of interstate and foreign adoptions

   37.     Recognition of Australian and New Zealand adoptions
   37A.    Recognition of adoptions granted in convention countries
   38.     Recognition of adoptions granted in non-convention countries

           Division 2--Simple adoptions

   38AA.   Definitions for div 2
   38AB.   Simple adoption does not end parent-child relationship
   38AC.   Conversion of simple adoption in convention country
   38AD.   Conversion of simple adoption by chief executive

           Division 3--Other matters concerning foreign adoptions

   38A.    Chief executive to have limited supervision of adopted children
   39.     Declarations of validity of foreign adoptions

           Part 4A--Access to identifying information

   39A.    Interpretation
   39AA.   Objections
   39B.    Disclosure of certain information
   39C.    Entitlement to certain records etc.
   39D.    Offence to contact etc.
   39E.    Counsellors

           Part 5--Offences

   40.     Territorial application of part
   41.     Communication etc. by natural parent with adopted child
   42.     Harbouring child taken from adopters
   43.     Payments in consideration of adoptions etc.
   44.     Restrictions on advertising
   45.     Restrictions on publication of identity of parties
   46.     Penalty for making unauthorised arrangements
   47.     False statements
   48.     Personation
   49.     Presenting forged documents
   50.     Improperly witnessing consent to adoption
   50A.    Undue influence
   51.     Authority to prosecute
   52.     Summary proceedings
   53.     General penalty

           Part 6--Miscellaneous

   54.     Registration of orders
   55.     Adopted Children Register
   55A.    Certified copy or extract
   56.     Sending of memoranda of orders to other places
   57.     Particulars of orders received from other States and countries
   57A.    Assistance to adopters and adopted children
   58.     Hearings to be in camera
   59.     Confidentiality
   59A.    Protection of persons
   59B.    Disclosure of information authorised in certain cases
   59C.    Disclosure of criminal histories
   59D.    Chief executive may obtain or disclose non-identifying medical information
   60.     Proof of adoptions
   61.     Judicial notice of signatures
   62A.    Engagement of agents
   63.     Parties to applications under Act
   64.     Practice and procedure upon applications
   65.     Regulation-making power
   67.     Service of documents
   67A.    Meaning of spouse

           Part 7--Savings

           Division 1--Provision for Adoption of Children Act 1964, Act No. 54 of 1964

   68.     Savings

           Division 2--Provision for Adoption of Children (Hague Convention on Intercountry Adoption) Amendment Act 1999

   69.     Savings—recognition of foreign adoptions under s 38

           Division 3--Provisions for Adoption of Children Amendment Act 2002

   70.     Definitions for div 3
   71.     Transfer of names from the General Children's Adoption List or Foreign Children's Adoption List
   72.     Persons on the Foreign Children's Adoption List
   73.     Right to apply for review, and reviews not completed, before commencement
   74.     Expectations not otherwise dealt with under ss 71, 72 and 73
   75.     Chief executive may ask for criminal histories in limited cases

           Division 4--Provision for Adoption Act 2009

   76.     Who is a birth parent for pt 4A
           SCHEDULE HAGUE CONVENTION
           Endnotes