Queensland Consolidated Acts

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ADOPTION OF CHILDREN ACT 1964 - SECT 18

18 Matters to be considered if general consent given, or dispensed with, for adoption of child other than a special needs child

(1) In making arrangements with a view to the adoption of a child in respect of whom a general consent has been given or dispensed with and who is not a special needs child and, in particular, in determining which prospective adopter or prospective adopters the chief executive will approve in the case of such a child the chief executive shall have regard to--

(a) the needs of the child that are known to the chief executive at the time of making the arrangements; and
(b) the characteristics of the prospective adopters; and
(c) expressed preferences of the child's parent or guardian; and
(d) other matters the chief executive considers, on reasonable grounds, relevant.

(2) In having regard to the child's needs, the chief executive must consider--

(a) the child's age and gender; and
(b) the child's indigenous or cultural background; and
(c) the child's medical needs, including, for example, known medical conditions, disabilities or potential future health conditions or disabilities; and
(d) the educational needs of the child; and
(e) the principle that the child should ordinarily be the youngest child in the adoptive family at the time of the adoption order.

(3) In having regard to the characteristics of the prospective adopters, the chief executive must consider--

(a) the age and gender of a child the prospective adopters have been assessed as having the capacity to parent; and
(b) whether the prospective adopters have been assessed as having the capacity to parent children who are siblings; and
(c) the prospective adopters' religion, if any; and
(d) the prospective adopters' indigenous or cultural background; and
(e) whether the prospective adopters are willing and have been assessed as having the capacity--
(i) to parent a child with known medical conditions, disabilities or potential future health conditions or disabilities; and
(ii) to parent a child from a particular social background; and
(iii) to participate in exchanging non-identifying correspondence, through the department, with the child's birth family after an adoption order has been made; and
(f) the age of other children in the prospective adopters' family.

(4) In having regard to the expressed preferences of a parent or guardian, particularly preferences stated in the instrument of consent to the adoption of the child, the chief executive must consider--

(a) the child's religious upbringing; and
(b) characteristics of prospective adopters and adoptive family composition; and
(c) the parent's or guardian's wishes to participate in the voluntary exchange of non-identifying correspondence through the department; and
(d) specific preferences the chief executive considers, on reasonable grounds, promote the child's welfare and best interests.

(5) In this section--

prospective adopters includes a sole prospective adopter.



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