Adoption QLD: A guide for families

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Essentials of adoption in Queensland, qualifying standards and helpful resources for prospective parents who want to adopt.
Australia Family and Matrimonial
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There are many different ways to start a family, and adoption QLD is a lovely choice that thousands of Australians select every year. However, the adoption process can be complicated because of the various requirements that the Queensland government website may require. Click here to see the website.

This article explores the essentials of adoption QLD, qualifying standards, and helpful resources for prospective parents who want to adopt children.

Legal Basis of Adoption QLD

The Adoption Act 2009 of Queensland governs the adoption process in the state. Its main objective is to promote the well-being and best interests of adopted children, ensure efficient adoption services, and comply with Australia's obligations under international agreements.

The Act prioritises the child's well-being, emphasises adoption as a way to provide long-term care and stability, and ensures all parties involved receive necessary information. However, the Act doesn't specify limitations on who can be adopted.

Generally, parental consent is required for adoption, with some exceptions. The Act outlines procedures for obtaining informed consent and ensures parents have access to support and information during the process.

Changes to the Law on Adoption QLD

Over the years, QLD's adoption law has been subject to several changes since 2016. Some of these changes include the following:

  1. Extending the eligibility requirements to allow individuals receiving fertility treatment, single individuals, and same-sex couples to register their names or keep them in the expression of interest register.
  2. Eliminating the offence and related fine for violating a contact statement for adoptions that took place prior to June 1, 1991 (the department's duty to share details of a contact statement, such as an individual's motivations for submitting one, will remain in place).
  3. Improving access to information by:
  • allowing the government to examine the disclosure of identifying information under extraordinary circumstances without the birth parents' or adoptive parents' approval;
  • expanding the meaning of "relative" to include future generations and people acknowledged as parents and children in accordance with Aboriginal history and Island custom, in order to get or consent to the access of information; and
  • extending the time frame within which information regarding a potential biological father for an adopted person is given to them requiring the court to be satisfied that exceptional circumstances exist before changing a child's first name in a final adoption order.
  • Enabling the department to facilitate contact between parties to an adoption during an interim adoption order.
  • Improving processes for adoption of a child by a step-parent.
  • Clarifying the intent of existing provisions, correcting drafting issues and making consequential amendments based on endorsed policy objectives.

Child Protection Act 1999

Queensland toughened its child protection laws in July 2017. The Child Protection Act included creating a new permanent care order for children who can't live safely with their biological families. This order allows the child to remain with their caregiver until they turn 18.

Types of Adoption QLD

In this section, we'll delve into the different types of adoption available. This will help you find the best fit for your unique situation and family goals.

Whether you're considering domestic adoption, welcoming a child from another country, or hoping for an open adoption connection, this article will equip you with the knowledge you need to embark on this life-changing journey.

Here are the types of adoption in Queensland, Australia:

  1. Domestic adoption
  2. Intercountry adoption
  3. Open adoption

MORE INFORMATION: Adoption in Queensland

Domestic Adoption QLD

If you're thinking of choosing domestic adoption, remember that Adoption Services Queensland maintains an adoption expression of interest register. You must sign this register when adopting a child in QLD. This is a roster of individuals awaiting evaluation for potential adoption as foster parents.

Following your registration, Adoption Services may choose to begin the evaluation process with you. Moreover, you must make sure that both you and your partner must both be eligible for the register and submit a joint expression of interest. The eligibility will be discussed in the following sections.

Intercountry Adoption QLD

However, if you're planning to have an ntercountry adoption, you must follow certain rules. The adoption of a child from one of our partner nations is known as intercountry adoption Australia. Every international adoption must adhere to the guidelines and requirements of the Hague Convention.

This is a list of partner countries for intercountry adoption:

  • Bulgaria
  • Chile
  • China
  • Colombia
  • Hong Kong
  • India
  • Latvia
  • Poland
  • South Africa
  • South Korea
  • Sri Lanka
  • Taiwan
  • Thailand

The adoption procedure will be overseen by your state or territory's central authority (STCA), who will also handle your application. For those interested in being considered as potential adoptive parents for a child from abroad, there is information available in the Queensland and Intercountry Adoption Handbook.

CHECK THIS OUT: Intercountry Adoption Process

Open Adoption

Open adoption is more like an arrangement rather than a mode of adoption in QLD. The child, adoptive parents, and birth parents can all become acquainted with one another and the details of the adoption through an open adoption.

To the extent that all parties consent, it also permits the parties to communicate with one another and share identifying information. Open-adoption children typically show more interest, comprehend their adoption better, and as teenagers, are happier with the level of contact they have with their biological family.

MORE ABOUT THIS: Understanding Open Adoption

Eligibility to Adopt a Child in Queensland

For you to be eligible for adoption QLD, you must enter your name in the Expression of Interest Register. The names of those who meet Queensland's eligibility requirements and have indicated an interest in having their suitability as adoptive parents evaluated are listed in this register.

People on the register are chosen by Adoption Services to determine whether or not they are suitable to be adoptive parents. If you satisfy the eligibility requirements, you will be informed. Your name or names are added to the expression of interest register if you are qualified.

Moreover, you will receive a notification of selection for assessment if you are chosen from the expression of interest registration to have your suitability evaluated.

Here are the eligibility requirements for people who want to enter their names in the Register:

  • they are adults who live in Queensland
  • they are, or if a couple, at least one of them is, an Australian citizen
  • the female person is not pregnant
  • they are not an intended parent under a surrogacy arrangement within the meaning of the Surrogacy Act 2010, or they have been an intended parent for a surrogacy arrangement within the meaning of the Surrogacy Act 2010 and the surrogacy arrangement ended at least six months earlier
  • they don't have custody of a child under 1 year of age (does not include children for whom the person is an approved carer)
  • they don't have a child who has been in their custody for less than 1 year.

JB Solicitors Can Guide You Through the Adoption Journey

The legalities of adoption QLD might overwhelm you. That's why it's always a smart idea to seek legal assistance from your family lawyer. Throughout your adoption procedure, our knowledgeable family law team at JB Solicitors can offer you advice and support on:

  • Child safety and regulations
  • Parental responsibility
  • Intercountry adoption
  • Adoptive placements in Queensland or any other Australian state
  • Local adoption and disability services

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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