Adoption Act 2009 (Qld)

Adoption Act 2009

An Act to make provision about the adoption of children

Part 1    Preliminary

1   Short title

This Act may be cited as the Adoption Act 2009.

2   Commencement

This Act, other than part 17, division 1, commences on a day to be fixed by proclamation.

3   Dictionary

The dictionary in schedule 3 defines particular words used in this Act.

4   Act binds all persons

(1)This Act binds all persons including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and all the other States.

(2)Subsection (1) does not make the State, the Commonwealth or another State liable for an offence.

5   Main object of Act

The main object of this Act is to provide for the adoption of children in Queensland, and for access to information about parties to adoptions in Queensland, in a way that—

(a)promotes the wellbeing and best interests of adopted persons throughout their lives; and

(b)supports efficient and accountable practice in the delivery of adoption services; and

(c)complies with Australia’s obligations under the Hague convention.

6   Guiding principles

(1)This Act is to be administered under the principle that the wellbeing and best interests of an adopted child, both through childhood and the rest of his or her life, are paramount.

(2)Subject to subsection (1), this Act is to be administered under the following principles—

(a)the purpose of an adoption is to provide for a child’s long-term care, wellbeing and development by creating a permanent parent-child relationship between the child and the adoptive parents;

(b)adoption is an appropriate long-term care option for a child if—

(i)the child’s parents choose adoption for the child’s long-term care; or

(ii)the child does not have a parent who is willing and able to protect the child from harm and meet the child’s need for long-term stable care;

(c)each of the parties to an adoption or proposed adoption should be given the information the party reasonably needs to participate effectively in processes under this Act;

(d)a child should be kept informed of matters affecting the child in a way and to an extent that is appropriate, having regard to the child’s age and ability to understand;

(e)the process for a child’s adoption should include considering the views of—

(i)the child’s parents; and

(ii)the child, if the child is able to form and express views about the adoption, having regard to the child’s age and ability to understand;

(f)an adopted child of a particular ethnic or other cultural background should have—

(i)access to information about the child’s ethnic or cultural heritage; and

(ii)opportunities to develop and maintain a connection with the child’s ethnicity or culture; and

(iii)opportunities to maintain contact with the child’s community or language group;

(g)a child’s adoptive parents have the primary responsibility for the child’s upbringing, protection and development;

(h)