New adoption laws for Queensland

15 January 2010

A new Adoption Act will take effect in the coming weeks modernising decades-old laws and supporting child-focused and efficient adoption practice in Queensland.

Acting Child Safety Minister Karen Struthers said the Adoption Act 2009 would mark the most significant reform of Queensland's adoption laws in more than 45 years.

"No longer will we have the most restrictive adoption laws in the country," Ms Struthers said.

"Under the new Act, which will come into force on February 1, 2010, adopted people and birth parents will have the right to identifying information regardless of when the adoption took place.

"The new laws balance people's right to information about their birth parents or son or daughter who was adopted, with the right of others to maintain their privacy.

"Currently more than 3000 Queenslanders affected by an adoption that occurred before 1991 are prevented from obtaining identifying information about their birth parents or son or daughter who was adopted.

"The new Act will give these people the right to access information about their own identity or that of a son or daughter for the first time."

The new laws will make it possible for people to access identifying information about themselves and their birth parents but still requires them to respect another person's privacy if they do not wish to be contacted.

Other significant changes include:

• requiring a child's father, regardless of whether he is married to the child's mother, to also provide consent before a child's adoption may proceed
• the option for more openness between those involved in an adoption
• introduction of court orders for adoption
• changed eligibility criteria for couples wanting to adopt a child from Queensland or overseas
• the expression of interest register remaining permanently open to couples wishing to adopt, rather than being open only for defined times.

Ms Struthers said the new Act was governed by one overriding principle: to ensure the wellbeing and best interests of adopted people, both in childhood and throughout their lives.

"Adoption is a sensitive and complex matter and the Queensland Government engaged extensively with the community in developing these adoption reforms," she said.

The following groups of people might be affected by the new Act:

• people considering adoption for their child
• couples considering adopting a child
• step-parents applying to adopt their step-child
• adoptive parents and birth parents of adopted children
• adopted people or birth parents with an objection to the release of identifying information in place
• adopted people or birth parents who have been unable to obtain identifying information because an objection to its release is in place
• adopted people or birth parents seeking information about an adoption that has occurred in Queensland.

Ms Struthers said Queensland's first ever funded post adoption support service, Post Adoption Support Queensland, to be run by the Benevolent Society, also commenced from 1 February.

"Post Adoption Support Queensland will receive $1.2million over three years to provide a free telephone help-line," she said.

"It will also provide face-to-face counselling, support people in preparing documents and mediate in discussions between people involved in an adoption issue, with the agreement of the individuals involved."

More information about changes in adoption laws and how to seek confidential advice about how the law might affect an individual can be found at: www.childsafety.qld.gov.au