Queensland Consolidated Acts

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ADOPTION OF CHILDREN ACT 1964 - SECT 19

19 Consents of parents and guardians required to adoptions

(1) Subject to this division, the chief executive shall not make an order for the adoption of a child unless consent (not being a consent that has been revoked) to the adoption has been given by the appropriate person or persons ascertained in accordance with the succeeding provisions of this section, or the chief executive is satisfied that there is no such appropriate person.

(2) In the case of a child who has not previously been adopted, the appropriate persons are every person who is a parent or guardian of the child.

(4) In the case of a child who has previously been adopted, the appropriate persons are every person who is an adoptive parent or guardian of the child.

(5) The consent of a person under this section is not required if that person is the applicant, or 1 of the applicants, for the adoption order.

(6) In the case of a child who is a non-citizen child, the appropriate person is the person who, under the Immigration (Guardianship of Children) Act 1946 (Cwlth), is the guardian of the child or, where the guardian has under that Act delegated the guardian's powers and functions as guardian to another person, that other person.

(7) Despite section 23, if, under the Child Protection Act 1999, the chief executive for child protection has custody or guardianship of a child, it is not necessary for that chief executive's consent to the child's adoption to be evidenced by an instrument of consent.



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