Queensland Consolidated Acts Queensland Consolidated Acts(1) The chief executive shall not make an adoption order in reliance on a consent given or purporting to have been given by a person (other than the child) if it appears to the chief executive that--
(a) the consent was not given in accordance with this Act, or (where applicable) the repealed Acts; or
(b) the consent was obtained by fraud, duress, or other improper means; or
(c) the consent was revoked at a time when it had not become irrevocable; or
(d) the instrument of consent has been altered in a material particular without authority; or
(e) the person giving or purporting to give the consent was not, on the date of the instrument of consent, in a fit condition to give the consent or did not understand the nature of the consent; or
(f) in the case of the consent of a mother to the adoption of her child--the instrument of consent was signed before the birth of the child.
(2) The chief executive shall not make an adoption order in reliance on an instrument of consent signed by the mother of the child within 5 days after the birth of the child unless the chief executive is satisfied, on the certificate of a medical practitioner or on other adequate evidence, that, at the time the instrument was signed, the mother was in a fit condition to give the consent.
(3) For the purposes of subsection (2), the chief executive, if satisfied that no medical practitioner was readily available to certify as aforesaid, may be satisfied as to the fit condition of the mother to give the consent as required by that subsection upon the production to the chief executive of a certificate of a person registered as a nurse under the Nursing Act 1992, certifying that, at the time when the instrument of consent was signed by the mother of the child, the mother was in a fit condition to give the consent.