Adoption of Children Act 1964 (Qld)

Queensland Adoption of Children Act 1964 Reprinted as in force on 26 August 2009 Reprint No. 5A This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 26 August 2009. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.

Queensland Adoption of Children Act 1964 Contents Part 1 1 2 5A 5B 6 6A Part 2 7 7A 7B Part 3 Division 1 10 11 12 13 Division 1A 13A 13AA 13AB13AC 13AD 13AE Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Objective of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Inherent jurisdiction of Supreme Court preserved . . . . . . . . . . . . 8 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Convention countries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Jurisdiction concerning adoptions Adoption by order of chief executive. . . . . . . . . . . . . . . . . . . . . . . 13 Nexus with Queensland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Rules of private international law not relevant . . . . . . . . . . . . . . . 13 Adoptions under this Act General Welfare and interests of child to be paramount . . . . . . . . . . . . . . 14 Who may be adopted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Persons in whose favour adoption orders may be made . . . . . . . 14 Age of adopters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Purpose of division, applications, invitations, expressions of interest, assessment after expression of interest and related matters Purposes of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Application for adoption of a special needs child or a child who is a relative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Chief executive must publicly invite persons to express interest in being assessed as suitable to be prospective adopters . . . . . . 18 Inclusion of person’s name in expression of interest register . . . . 18 Information to be given to each person who expresses interest in being assessed as suitable to be a prospective adopter . . . . . 19 Assessments after person’s name entered in adoption list . . . . . 19

2 Adoption of Children Act 1964 13AF 13B 13C 13D 13E 14 14B 14C 14D 15 16 Division 2 17 18 18A Division 2A 18AA 18B 18C 18D Division 3 19 20 21 22 23 24 25 25A 26 26A Assessments required to meet anticipated placement needs of children ........................................ Chief executive’s assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . Matters to be regarded for assessment . . . . . . . . . . . . . . . . . . . . What happens after favourable assessment . . . . . . . . . . . . . . . . Ineligibility after person’s name entered in assessment register . Further assessment of prospective adopters . . . . . . . . . . . . . . . . Criminal histories to be disclosed. . . . . . . . . . . . . . . . . . . . . . . . . Procedure upon assessments under s 14 . . . . . . . . . . . . . . . . . . Reviews by tribunal about adoption lists, expression of interest register, assessment register and assessments . . . . . . . . . . . . . Notice of intention to make adoption order. . . . . . . . . . . . . . . . . . Discharge of adoption orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . Adoption lists, expression of interest register and assessment register Keeping of adoption lists, expression of interest register and assessment register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Matters to be considered if general consent given, or dispensed with, for adoption of child other than a special needs child . . . . . Placement of children with indigenous or ethnic backgrounds. . . Intercountry adoptions Definition of application for div 2A . . . . . . . . . . . . . . . . . . . . . . . . Operation of pt 3 not limited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Adoption of a child from Queensland by a person habitually resident in a convention country. . . . . . . . . . . . . . . . . . . . . . . . . . Adoption of a child from a convention country by a person habitually resident in Queensland . . . . . . . . . . . . . . . . . . . . . . . . Consents to adoptions Consents of parents and guardians required to adoptions. . . . . . Giving of consents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consents given under law of another State or of a Territory of the Commonwealth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revocation of consents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Form of consents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Defective consents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Court may dispense with consents. . . . . . . . . . . . . . . . . . . . . . . . Consent not required in certain circumstances . . . . . . . . . . . . . . Consent of child . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisions concerning court’s jurisdiction—appeals . . . . . . . . . . 20 21 22 23 23 24 25 26 27 28 28 30 32 34 34 34 35 35 36 37 37 38 38 38 39 41 42 42

27 27A 27B 27C Division 4 28 29 29A 30 32 Division 5 33 34 34A 35 Part 4 Division 1 37 37A 38 Division 2 38AA 38AB38AC 38AD Division 3 38A 39 Part 4A 39A 39AA 39B 39C 39D 39E 3 Adoption of Children Act 1964 Guardianship of child awaiting adoption. . . . . . . . . . . . . . . . . . . . Register of children for adoption. . . . . . . . . . . . . . . . . . . . . . . . . . Renunciation of guardianship of child to be adopted in another State or Territory. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chief executive may enter into arrangements . . . . . . . . . . . . . . . Effect of adoption orders General effect of adoption orders . . . . . . . . . . . . . . . . . . . . . . . . . Effect of orders as regards dispositions of property etc. . . . . . . . Bequest by will to unascertained adopted persons . . . . . . . . . . . Names of adopted child . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Adoption order not to affect the distribution of property by trustees or personal representatives unless notice given. . . . . . . Interim orders Making of interim orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duration of interim orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Effect of interim orders on child protection orders . . . . . . . . . . . . Discharge of interim orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recognition of adoptions and related matters Recognition of interstate and foreign adoptions Recognition of Australian and New Zealand adoptions . . . . . . . . Recognition of adoptions granted in convention countries . . . . . . Recognition of adoptions granted in non-convention countries . . Simple adoptions Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Simple adoption does not end parent-child relationship. . . . . . . . Conversion of simple adoption in convention country . . . . . . . . . Conversion of simple adoption by chief executive . . . . . . . . . . . . Other matters concerning foreign adoptions Chief executive to have limited supervision of adopted children . Declarations of validity of foreign adoptions . . . . . . . . . . . . . . . . . Access to identifying information Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Objections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disclosure of certain information . . . . . . . . . . . . . . . . . . . . . . . . . Entitlement to certain records etc. . . . . . . . . . . . . . . . . . . . . . . . . Offence to contact etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Counsellors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 44 46 47 47 48 50 51 52 52 53 53 53 54 54 55 57 58 58 58 59 60 62 63 64 66 67 68

Part 5 40 41 42 43 44 45 46 47 48 49 50 50A 51 52 53 Part 6 54 55 55A 56 57 57A 58 59 59A 59B 59C 59D 60 61 62A 63 64 65 67 4 Adoption of Children Act 1964 Offences Territorial application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Communication etc. by natural parent with adopted child . . . . . . Harbouring child taken from adopters . . . . . . . . . . . . . . . . . . . . . Payments in consideration of adoptions etc. . . . . . . . . . . . . . . . . Restrictions on advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions on publication of identity of parties . . . . . . . . . . . . . . Penalty for making unauthorised arrangements . . . . . . . . . . . . . . False statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Personation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Presenting forged documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . Improperly witnessing consent to adoption . . . . . . . . . . . . . . . . . Undue influence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authority to prosecute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Summary proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Registration of orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Adopted Children Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Certified copy or extract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sending of memoranda of orders to other places . . . . . . . . . . . . Particulars of orders received from other States and countries . . Assistance to adopters and adopted children . . . . . . . . . . . . . . . Hearings to be in camera . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Protection of persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disclosure of information authorised in certain cases . . . . . . . . . Disclosure of criminal histories. . . . . . . . . . . . . . . . . . . . . . . . . . . Chief executive may obtain or disclose non-identifying medical information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proof of adoptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Judicial notice of signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Engagement of agents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Parties to applications under Act . . . . . . . . . . . . . . . . . . . . . . . . . Practice and procedure upon applications . . . . . . . . . . . . . . . . . . Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Service of documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 68 69 70 71 71 72 72 72 73 73 73 74 74 74 75 75 75 76 76 77 77 78 80 81 81 82 83 83 84 84 85 85 87

5 Adoption of Children Act 1964 67A Part 7 Division 1 68 Division 2 69 Division 3 70 71 72 73 74 75 Division 4 76 Schedule Meaning of spouse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Savings Provision for Adoption of Children Act 1964, Act No. 54 of 1964 Savings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provision for Adoption of Children (Hague Convention onIntercountryAdoption)AmendmentAct1999 Savings—recognition of foreign adoptions under s 38 . . . . . . . . . Provisions for AdoptionofChildrenAmendmentAct2002 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transfer of names from the General Children’s Adoption List or Foreign Children’s Adoption List. . . . . . . . . . . . . . . . . . . . . . . . Persons on the Foreign Children’s Adoption List . . . . . . . . . . . . . Right to apply for review, and reviews not completed, before commencement .............................. Expectations not otherwise dealt with under ss 71, 72 and 73 . . Chief executive may ask for criminal histories in limited cases . . Provision for Adoption Act 2009 Who is a birth parent for pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . Hague convention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 88 89 90 90 91 93 94 94 95 96 Endnotes 1 2 3 4 5 6 7 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 115 115 116 116 116 120

s 1 7 s 5A Adoption of Children Act 1964 Adoption of Children Act 1964 [as amended by all amendments that commenced on or before 26 August 2009] An Act to consolidate and amend the law relating to the adoption of children Part 1 Preliminary 1 Short title This Act may be cited as the Adoption of Children Act 1964 . 2 Commencement (1) Subject to subsection (2), this Act shall come into operation on a date to be fixed by the Governor in Council by proclamation published in the gazette. (2) Sections 1 to 4 and 6, division 2 of part 3, part 5 and sections 64 to 66 shall come into operation on the date of publication in the gazette of the proclamation for the purposes of subsection (1). 5A Objective of Act The objective of this Act is to facilitate securing for children who are available for adoption the best possible placements, having regard to the welfare and interests of the children, and to protect the rights and to provide for servicing the needs of all parties to the adoption process.

s 5B 8 Adoption of Children Act 1964 s6 5B Inherent jurisdiction of Supreme Court preserved No provision of this Act shall be construed to restrict or prejudice the jurisdiction of the Supreme Court in relation to persons who have not attained the age of 18 years. 6 Definitions In this Act— adopted child see section 7(2). Adopted Children Register means the Adopted Children Register made and kept by the registrar general under the repealed Acts and continued by and kept under this Act. adopter or adopters see section 7(2). adoption compliance certificate means a certificate under article 23 of the Hague convention. adoption entry , of an adopted person, means the particulars about the adopted person that are— (a) stated in a schedule to an adoption order for, or a schedule to a memorandum or copy of an adoption order for, the adopted person, and entered in the Adopted Children Register; or (b) if there is no schedule to an adoption order for, or no schedule to a memorandum or copy of an adoption order for, the adopted person— (i) stated in the adoption order, memorandum or copy; and (ii) entered in the Adopted Children Register; or (c) stated in the register kept by the registrar general titled ‘Record of Children whose Births have been registered in the State of Queensland and who have been transferred under Deed of Adoption’. adoption list means— (a) the Special Needs Children’s Adoption List; or (b) the Relative Children’s Adoption List.

s6 9 s6 Adoption of Children Act 1964 adoption order means an order for the adoption of a child under this Act and, where applicable, includes an order for the adoption of a child under the repealed Acts. assessment means an assessment made under this Act by the chief executive. assessment register see section 17(7)(d). central authority , of a convention country, means the entity designated under article 6 of the Hague convention as the central authority of the country or, if more than 1 central authority has been designated, the entity designated as the central authority for the relevant function. chief executive for child protection means the chief executive of the department in which the Child Protection Act 1999 is administered. child means a person who had not attained the age of 18 years, or a person who has attained that age in respect of whom an adoption order has been made. Childrens Court means the Childrens Court constituted under the Childrens Court Act 1992 other than by 2 justices of the peace. closure day see section 13AB(4)(b). Commonwealth central authority means the Commonwealth Central Authority under the Commonwealth regulation. 1 Commonwealth regulation means the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cwlth). convention country see section 6A. country includes a territorial unit or other part of a country. criminal history , in relation to any person, means— (a) convictions of that person for any offence committed in Queensland or elsewhere not being convictions that have been quashed or set aside; and 1 Presently, this is the Secretary to the Commonwealth Attorney-General’s Department.

s 6 10 s 6 Adoption of Children Act 1964 (b) charges made against that person in respect of any offence committed in Queensland or elsewhere that have proceeded to final determination, which has resulted— (i) in respect of an offence committed in Queensland—in the making of a probation order or a community service order under the Penalties andSentences Act 1992 or another law about orders of that kind in relation to that person; or (ii) in respect of an offence committed elsewhere—in the making of an order of a description similar to that of the order referred to in subparagraph (i) in relation to that person. disposition of property includes the grant or exercise of a power of appointment in respect of property. expression of interest register see section 17(7)(c). general consent means a consent referred to in section 20(1), and, where applicable, includes a consent of a similar nature for the adoption of a child given under the repealed Acts. guardian , in relation to a child, includes— (a) a person having the custody of the child pursuant to an order of a court made under a law of the Commonwealth or of a State or Territory of the Commonwealth; (b) a person who is or is deemed to be the guardian of the child, to the exclusion of, or in addition to, any parent or other guardian, under a law of the Commonwealth or of a State or Territory of the Commonwealth. Hague convention means the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, made at the Hague on 29 May 1993, a copy of the English text of which is set out in the schedule. interim order means an interim order under division 5 of part 3, and, where applicable, includes an interim order of adoption made under the repealed Acts and continued under this Act. invitation means an invitation, made by the chief executive under section 13AB, to express interest in being assessed as suitable to be a prospective adopter.

s 6 11 s 6 Adoption of Children Act 1964 non-citizen child the same meaning as is ascribed to that term by the Immigration (Guardianship of Children) Act 1946 (Cwlth). non-convention country means a country other than Australia, New Zealand or a convention country. prospective adopter see section 13D(2). public trustee means the public trustee constituted under the Public Trustee Act 1978 . registrar general means the registrar under the Births, Deathsand Marriages Registration Act 2003 . registrar of the Supreme Court means the registrar of the Supreme Court under the SupremeCourtAct1995 , and, where applicable, includes the registrar of the Central Court and the registrar of the Northern Court under the SupremeCourt Act 1995 . relative , in relation to a child, means— (a) a grandparent, brother, sister, uncle or aunt of the child, whether the relationship is of the whole blood or half blood or by affinity, notwithstanding that the relationship depends upon the adoption of any person; or (b) the spouse of a parent of the child, whether natural or adoptive. Relative Children’s Adoption List see section 17(7)(b). special needs child means a child declared by the chief executive under this Act to be a special needs child, and includes a non-citizen child and a child to whom section 20(3) applies. Special Needs Children’s Adoption List see section 17(7)(a). spouse see section 67A. Supreme Court includes a judge of the Supreme Court. Territory of the Commonwealth includes any Territory under the trusteeship of the Commonwealth.

s 6A 12 s 6A Adoption of Children Act 1964 the commencement of this Act means the commencement of the provisions of this Act other than the provisions specified in section 2(2). the court , when used in relation to a matter within the jurisdiction of the Supreme Court and of the Childrens Court, includes each of those courts and when used in any other case means the Supreme Court. the repealed Acts means the Acts and enactments repealed by section 5(1) (as in force on the commencement of this Act), or any of them. tribunal means the Children Services Tribunal established under the Children Services Tribunal Act 2000 . 6A Convention countries (1) Each of the following is a convention country for this Act— (a) a country prescribed under a regulation to be a convention country; (b) another country for which the Hague convention has entered into force, under article 46 of the Hague convention, other than— (i) Australia; or (ii) New Zealand; or (iii) a country to whose accession Australia has raised an objection under article 44 of the Hague convention. (2) However, subsection (1) applies to a country subject to a declaration under article 45 of the Hague convention.

s 7 13 s 7B Adoption of Children Act 1964 Part 2 Jurisdiction concerning adoptions 7 Adoption by order of chief executive (1) A child may be adopted in Queensland by means of an order for the adoption of that child made by the chief executive under this Act. (2) Any person or persons in whose favour an adoption order is made and a child in respect of whom an adoption order is made are in this Act referred to as the adopter , the adopters and the adopted child respectively. 7A Nexus with Queensland (1) It is not competent to the chief executive to make an adoption order in respect of a child unless, at the time the order is made— (a) the prospective adopter or, in the case of joint prospective adopters, each of the prospective adopters is resident or domiciled in Queensland; and (b) the child is present in Queensland. (1A) Subsection (1)(a) does not apply to an adoption order to which section 18C applies. (2) If the chief executive is satisfied that a prospective adopter was resident or domiciled in Queensland or that a child was present in Queensland within 21 days before the day on which an adoption order is to be made the chief executive may, unless the chief executive has reason to believe to the contrary, presume that the prospective adopter is resident or domiciled in Queensland or, as the case may be, that the child is present in Queensland at the time the order is made. 7B Rules of private international law not relevant The power of the chief executive to make an adoption order or of the tribunal to order the making of an adoption order is not dependent on any fact or circumstance not expressly specified in this Act.

s 10 14 s 12 Adoption of Children Act 1964 Part 3 Adoptions under this Act Division 1 General 10 Welfare and interests of child to be paramount For all purposes of this part and of part 2, the welfare and interests of the child concerned shall be regarded as the paramount consideration. 11 Who may be adopted (1) Subject to this Act, the chief executive may make an order for the adoption of a child who has not attained the age of 18 years on the date when the order is made. (2) The chief executive shall not make an order for the adoption of a person who is, or has been, married. (3) An order may be made under this Act for the adoption of a child notwithstanding that the child has, whether before or after the commencement of this Act, and whether in Queensland or elsewhere, previously been adopted. 12 Persons in whose favour adoption orders may be made (1) Subject to this section, an adoption order shall not be made except in favour of a husband and wife jointly. (2) An adoption order may be made in favour of a husband and wife jointly notwithstanding that 1 of them is the natural or adoptive parent of the child concerned. (3) Subject to subsection (4), an adoption order may be made in favour of 1 person if— (a) that person is the spouse of the natural or adoptive parent of the child concerned; or (b) in the case of the child concerned being a special needs child—the chief executive is of the opinion that the making of the order would be for the welfare and in the interests of the child; or

s 13 15 s 13 Adoption of Children Act 1964 (c) in any case—the chief executive is satisfied that there are exceptional circumstances that justify making the order. (4) Except in the case referred to in subsection (3)(a), an adoption order shall not be made in favour of 1 person if that person is married and is not living separately and apart from his or her spouse. (5) An adoption order shall not be made in favour of a prospective adopter or of prospective adopters either of whom is a relative of the child concerned unless the chief executive is satisfied that, in the circumstances of the case, the welfare and interests of the child would be better served by such an order than by an order for guardianship or custody made by a court of competent jurisdiction in relation to the child. 13 Age of adopters The chief executive shall not make an adoption order in favour of a prospective adopter who or in favour of prospective adopters either of whom— (a) has not attained the age of 21 years; or (b) being male, is less than 18 years older than the child concerned or, being female, is less than 16 years older than the child concerned; or unless— (c) in the case of a sole prospective adopter—the prospective adopter is the spouse of a parent of the child concerned, whether natural or adoptive; or (d) in the case of a married couple—1 of them is a parent of the child concerned, whether natural or adoptive; or (e) in the case of the child concerned being a special needs child—the chief executive is of the opinion that the making of the order would be for the welfare and in the interests of the child; or (f) in any case—the chief executive is satisfied that there are exceptional circumstances that justify making the order.

s 13A 16 Adoption of Children Act 1964 s 13A Division 1A Purpose of division, applications, invitations, expressions of interest, assessment after expression of interest and related matters 13A Purposes of division (1) This division’s purposes include making provision for— (a) a process for persons to apply to adopt children if an adoption list must be kept for the persons under section 17(1)(a); and (b) a process for persons to express an interest in being assessed as suitable to be prospective adopters of children if a register must be kept for the persons under section 17(1)(b); and (c) processes for assessing the suitability of persons to become prospective adopters if the persons names are in an adoption list, the expression of interest register or assessment register; and (d) processes for deciding about adoptive placements for children. (2) The processes mentioned in subsection (1)(b), (c) and (d) include— (a) keeping a register of persons who express an interest in being assessed as suitable to be prospective adopters, and a register of persons who are prospective adopters; and (b) moderating the entry of the names of persons in the registers; and (c) giving precedence to the needs of children requiring adoptive placements; and (d) enabling the chief executive, as the chief executive considers necessary for meeting the placement needs of a particular child when making a decision about the adoption of the child, to consider the suitability of persons named in the assessment register or the expression of interest register.

s 13AA 17 Adoption of Children Act 1964 s 13AA 13AA Application for adoption of a special needs child or a child who is a relative (1) A person who wishes to adopt a special needs child, or a child of whom the person is a relative, may apply to the chief executive to become an adoptive parent and to have the person’s name entered in the adoption list relevant to the application. (2) The application must be in the form approved by the chief executive. (3) The applicant is entitled to have the applicant’s name entered in the adoption list relevant to the application. (4) However, the chief executive must remove the person’s name from the adoption list if— (a) the person is, as prescribed under a regulation, ineligible to have the person’s name entered in the adoption list; or (b) the person does not comply with a requirement prescribed under a regulation. (5) A married couple may make a single application but both of their names must be removed from the adoption list if 1 of their names must be removed from the list under subsection (4). (6) Within 14 days after the removal of a person’s name from the adoption list, the chief executive must give written notice to the person of the removal. (7) The notice must state— (a) the reasons for the decision to remove the person’s name; and (b) that the person may apply to the tribunal to have the decision reviewed; and (c) how the person may apply to the tribunal for the review, including the time by which the person must make the application.

s 13AB18 Adoption of Children Act 1964 s 13AC 13AB Chief executive must publicly invite persons to express interest in being assessed as suitable to be prospective adopters (1) This section applies if the chief executive considers it necessary to ensure the placement needs of children are met by increasing the number of persons whose names are entered in the expression of interest register. (2) The chief executive must invite persons to express interest in being assessed as suitable to be prospective adopters. (3) The invitation must be made by notice in a newspaper circulating throughout the State and also may be made in other ways the chief executive considers appropriate. (4) The invitation must state— (a) how a person must express the person’s interest; and (b) the day by which expressions of interest must be received by the chief executive for the invitation (the closure day ). (5) The chief executive must not include a person’s name in an expression of interest register unless— (a) the person, under this Act, expressed an interest in being assessed as suitable to be a prospective adopter in response to an invitation under this section; and (b) the person’s expression of interest was received by the closure day for the invitation. (6) Subsection (5) is subject to sections 17(6) and 71. 13AC Inclusion of person’s name in expression of interest register (1) A person whose expression of interest is received by the chief executive by the closure day for the relevant invitation is entitled to have the person’s name entered in the expression of interest register. (2) However, the chief executive must remove the person’s name from the register if— (a) the person is, as prescribed under a regulation, ineligible to have the person’s name entered in the register; or

s 13AD 19 Adoption of Children Act 1964 s 13AE (b) the person does not comply with a requirement prescribed under a regulation. (3) Within 14 days after the removal of a person’s name from the register, the chief executive must give written notice to the person of the removal. (4) The notice must state— (a) the reasons for the decision to remove the person’s name; and (b) that the person may apply to the tribunal to have the decision reviewed; and (c) how the person may apply to the tribunal for the review, including the time by which the person must make the application. 13AD Information to be given to each person who expresses interest in being assessed as suitable to be a prospective adopter (1) This section applies to each person— (a) who, under an invitation, expresses interest in being assessed as suitable to be a prospective adopter; and (b) whose name has not been removed from the expression of interest register as mentioned in section 13AC(2). (2) The chief executive must give to the person a document— (a) stating the estimated number and characteristics of children needing adoptive placements; and (b) explaining the assessment and selection processes relating to adopters; and (c) stating the fees associated with the assessment process. 13AE Assessments after person’s name entered in adoption list (1) As soon as practicable after an applicant’s name is entered in an adoption list, the chief executive must make an assessment under section 13B about the applicant.

s 13AF 20 Adoption of Children Act 1964 s 13AF (2) If the applicant has made application to become an adoptive parent of a child of whom the applicant is a relative, the chief executive need not make the assessment until all consents necessary to the making of an adoption order for the child have been obtained or dispensed with or the chief executive has been notified as mentioned in section 25(2A). (3) If an applicant has applied to become an adoptive parent of a special needs child, or a special needs child of a particular description, the chief executive need not make the assessment until a special needs child, or a special needs child of that particular description, requires an adoption placement. 13AF Assessments required to meet anticipated placement needs of children (1) At least once in each financial year, the chief executive must decide the number of persons that, in the chief executive’s opinion, is reasonable to assess in the year (the reasonable number ) to meet the anticipated placement needs of children to which the expression of interest register relates. (2) As the chief executive considers necessary during a financial year, the chief executive may decide another number that is reasonable to assess in the year (also the reasonable number ). (3) In deciding the reasonable number under subsection (1) or (2), the chief executive must have regard to— (a) placement needs of children in previous years; and (b) information received from other jurisdictions; and (c) resources required to ensure the welfare and interests of children are protected; and (d) the number of prospective adopters and the diversity of their characteristics; and (e) another matter the chief executive considers relevant. (4) For each financial year, the chief executive must, from the persons whose names are entered in the expression of interest register, assess a sufficient number of persons to ensure there is, at least, the reasonable number of persons for whom there is a favourable assessment.

s 13B 21 Adoption of Children Act 1964 s 13B 13B Chief executive’s assessments (1) This section applies to an assessment required under section 13AE or 13AF. (2) The assessment must decide whether— (a) for a person whose name is in an adoption list—the welfare and interests of a child to be adopted will be promoted by making an adoption order in favour of the person; or (b) for a person whose name is in the expression of interest register—the person is of good repute and is a fit and proper person to become an adoptive parent. (3) If a married couple has done either of the following, the chief executive may make 1 assessment of both persons— (a) made a joint application; (b) jointly expressed an interest in being assessed as suitable to be prospective adopters. (4) The chief executive shall give written notification of an assessment under this section to the person in respect of whom it was made or in the case of an assessment made in respect of a married couple, to that couple and in the case of an assessment unfavourable to the person or married couple, shall specify in the notification the grounds on which the assessment is based. (5) However, if the chief executive has been requested not to specify any particular ground or grounds in a notification by— (a) in the case of a notification to a married couple—1 of the couple; or (b) in the case of a notification to a person who is a spouse—the person or the other spouse; the chief executive is not required by subsection (4) to specify that ground or those grounds in the notification. (6) Every notification required by subsection (4) shall be given within 14 days after the assessment is made.

s 13C 22 Adoption of Children Act 1964 s 13C (7) Where the chief executive has made an assessment under this section that is unfavourable to a person, the chief executive shall— (a) subject to a review of the assessment by the tribunal; and (b) unless the chief executive decides to defer the matter of the application or expression of interest in question; cause the name of the person or, if the assessment relates to a married couple, the names of both of them, to be removed from the adoption list or the expression of interest register in which the name is or the names are included. (8) In respect of persons whose names are entered in the Relative Children’s Adoption List, the chief executive must try to make the assessment under this section in the order in which those names are included in the adoption list, except where the chief executive is of the opinion that the welfare and interests of a child require that that order be departed from or where the person due to be assessed so approves or, in the case of a married couple that is due to be assessed, both of them so approve. (9) If a person named in the Special Needs Children’s Adoption List is not assessed under this section within a time prescribed by the regulations the chief executive shall cause the name of that person to be removed from the adoption list. 13C Matters to be regarded for assessment Subject to section 14B(2), in making an assessment under section 13B the chief executive shall have regard to— (a) all matters mentioned in sections 12 and 13; and (b) all matters prescribed under a regulation as matters to have regard to in making an assessment of a person named in the relevant adoption list or the expression of interest register; and (c) in the case of an assessment in respect of an applicant whose name is included in an adoption list, any wishes expressed by a parent or guardian of the child sought to be adopted in an instrument of consent to the adoption

s 13D 23 Adoption of Children Act 1964 s 13E of the child with respect to the religious upbringing of the child. 13D What happens after favourable assessment (1) This section applies if— (a) the chief executive has made a favourable assessment under section 13B about— (i) an applicant under section 13AA; or (ii) a person who expressed interest in being assessed as suitable to be a prospective adopter in response to an invitation; or (b) on a review of a decision of the chief executive about a person, the tribunal has, under the ChildrenServicesTribunalAct2000 , section 38(1)(b), set aside the decision and substituted its own decision making a favourable assessment about the person. (2) The person about whom the favourable assessment is made is a prospective adopter . (3) For each prospective adopter, the chief executive must— (a) make an appropriate notation in the adoption list in which the person is named that states the person is a prospective adopter; or (b) enter the person’s name in the assessment register as a prospective adopter. (4) If the chief executive enters a person’s name in the assessment register as a prospective adopter, the chief executive must remove the person’s name from the expression of interest register. 13E Ineligibility after person’s name entered in assessment register (1) This section applies to a person at any time after the person’s name is entered in the assessment register as a prospective adopter and before an adoption order is made relating to the person.

s 14 24 s 14 Adoption of Children Act 1964 (2) The chief executive must remove the person’s name from the assessment register if— (a) the person is, as prescribed under a regulation, ineligible to have the person’s name remain in the register; or (b) the person does not comply with a requirement prescribed under a regulation. (3) Within 14 days after the removal of a person’s name from the register, the chief executive must give written notice to the person of the removal. (4) The notice must state— (a) the reasons for the decision to remove the person’s name; and (b) that the person may apply to the tribunal to have the decision reviewed; and (c) how the person may apply to the tribunal for the review, including the time by which the person must make the application. 14 Further assessment of prospective adopters (1) Where, before the chief executive makes an adoption order in favour of any prospective adopter or prospective adopters whose name or names is or are included in the assessment register, in the chief executive’s opinion such time has elapsed since the making of an assessment in respect of the prospective adopter or prospective adopters pursuant to section 13B or since the making of an interim order in favour of the prospective adopter or prospective adopters that it is desirable that an assessment should be made pursuant to this subsection, the chief executive shall make an assessment of whether— (a) the prospective adopter or each of the prospective adopters is, at the time the assessment is made, of good repute and a fit and proper person to become an adoptive parent; and (b) where there is a child available at the material time for placement—the welfare and interests of the child will be

s 14B 25 Adoption of Children Act 1964 s 14B promoted by making an adoption order in favour of the prospective adopter or prospective adopters; and the chief executive shall not make the adoption order unless the assessment last made is favourable in all respects. (1A) Where the prospective adopters are a married couple, the chief executive may make 1 assessment in relation to both of them. (2) When the chief executive is about to make an adoption order in favour of any prospective adopter or prospective adopters whose name or names is or are included in an adoption list and in the chief executive’s opinion such time has elapsed since the making of an assessment pursuant to section 13B or since the making of an interim order in favour of the prospective adopter or prospective adopters that, in the chief executive’s opinion, it is desirable that an assessment should be made pursuant to this subsection, the chief executive shall first make an assessment of whether the welfare and interests of the child will be promoted by making the adoption order in favour of the prospective adopter or prospective adopters, and the chief executive shall not make the adoption order unless the assessment is favourable in all respects. (3) For the purposes of an assessment to be made in respect of a prospective adopter the chief executive shall, subject to section 14B(2), have regard to all matters prescribed by section 13C as if the assessment to be made were an assessment under section 13B. 14B Criminal histories to be disclosed (1) This section applies to each of the following persons— (a) a person who has applied, under section 13AA, to become an adoptive parent and to have the person’s name entered in an adoption list but who has not been assessed as a prospective adopter; (b) a person who expressed an interest in being assessed as suitable to be a prospective adopter; (c) a person who is a prospective adopter and whose name is in an adoption list or the assessment register.

s 14C 26 Adoption of Children Act 1964 s 14C (1A) A person to whom this section applies must, if asked by the chief executive, disclose to the chief executive the person’s criminal history to the extent the chief executive considers is necessary to enable a proper assessment to be made of the person as a prospective adopter or under section 14. (2) For the purpose of making an assessment in respect of any person the chief executive may have regard to the criminal history (if any) of the person. (3) If the chief executive is of opinion that the criminal history of a person in respect of whom an assessment is being made shows— (a) in the case of a person whose name is in the expression of interest register—that the person is not a fit and proper person to become an adoptive parent; or (b) in the case of a person whose name is in an adoption list—that the welfare and interests of the child will not be promoted by making an adoption order in favour of that person; the chief executive may make the assessment on the basis of the criminal history alone. (4) The chief executive shall not be precluded from making an assessment in respect of any person on the basis of the person’s criminal history alone or on bases that include that of the person’s criminal history by reason that— (a) there has previously been made an assessment in respect of that person on the basis of the person’s criminal history alone; or (b) an assessment of the person made on the basis of the person’s criminal history alone has been set aside by the tribunal on a review of the assessment. (5) The chief executive must destroy a person’s criminal history if the chief executive considers it is no longer necessary for this Act. 14C Procedure upon assessments under s 14 (1) The chief executive shall give written notification of an assessment made under section 14 to the person in respect of

s 14D 27 Adoption of Children Act 1964 s 14D whom it was made or, in the case of an assessment made in respect of a married couple, to that couple and in the case of an assessment unfavourable to the person or married couple shall specify in the notification the grounds on which the assessment is based. (1A) However, if the chief executive has been requested not to specify any particular ground or grounds in a notification by— (a) in the case of a notification to a married couple—1 of them; or (b) in the case of a notification to 1 person only who is a spouse—that person or the other spouse; the chief executive is not required by this subsection to specify that ground or those grounds in the notification. (2) Every notification required by this section shall be given within 14 days after the assessment is made. (3) Where the chief executive has made an assessment pursuant to section 14 that is unfavourable to a person, the chief executive must— (a) subject to a review of the assessment by the tribunal; and (b) unless the chief executive decides to defer the making of the adoption order; cause the person’s name or, in the case of a married couple, both their names to be removed from the adoption list or assessment register in which the person’s name or persons’ names were entered. 14D Reviews by tribunal about adoption lists, expression of interest register, assessment register and assessments (1) This section applies if the chief executive— (a) makes a decision that is the ground for the removal of a person’s name from an adoption list, the expression of interest register or the assessment register, other than the

s 15 28 s 16 Adoption of Children Act 1964 removal of a person’s name from the expression of interest register under section 13D(4); 2 or (b) makes an assessment that— (i) a person is not of good repute or a fit and proper person to become an adoptive parent; or (ii) the interests and welfare of a child to be adopted will not be promoted by making an adoption order in favour of a person. (2) The person may apply to the tribunal to have the decision or assessment reviewed. 15 Notice of intention to make adoption order The chief executive, before making an order for the adoption of a child, may give notice of the chief executive’s intention to make the order— (a) to any person (not being a person whose consent to the adoption of the child is required under section 19) with whom the child resides or who has the care or custody of the child; and (b) where it appears to the chief executive to be desirable so to do—to any other person. 16 Discharge of adoption orders (1) The chief executive may apply to the Supreme Court for an order discharging an order for the adoption of a child made under this Act or under the repealed Acts, and the court may make such an order if it is satisfied that— (a) the child has not attained the age of 18 years; and (b) the adoption order, or any consent for the purposes of the adoption order, was obtained by fraud, duress or other improper means, or that there is some other 2 Section 13D(4) states— (4) If the chief executive enters a person’s name in the assessment register as a prospective adopter, the chief executive must remove the person’s name from the expression of interest register.

s 16 29 s 16 Adoption of Children Act 1964 exceptional reason why, subject to the welfare and interests of the child, the adoption order should be discharged. (2) The court shall not make an order under this section if it appears to the court that the making of the order would be prejudicial to the welfare and interests of the child. (3) Where the court makes an order discharging an adoption order that was made in reliance upon a general consent given under this Act or under the repealed Acts, then, unless the court otherwise orders, the general consent remains in operation for the purposes of a further adoption of the child. (4) Where the court makes an order under this section, it may, at the same time or subsequently, make such consequential or ancillary orders as it thinks necessary in the interests of justice or the welfare and interests of the child, including orders relating to— (a) the name of the child; or (b) the ownership of property; or (c) the custody or guardianship of the child; or (d) the domicile of the child. (5) Upon the making of an order under this section discharging an order for the adoption of a child, but subject to any order made under subsection (4) of this section and section 28(2), the rights, privileges, duties, liabilities and relationships of the child and of all other persons shall be the same as if the adoption order had not been made, but without prejudice to— (a) anything lawfully done; or (b) the consequences of anything unlawfully done; or (c) any right or interest that became vested in any person; whilst the adoption order was in force.

s 17 30 s 17 Adoption of Children Act 1964 Division 2 Adoption lists, expression of interest register and assessment register 17 Keeping of adoption lists, expression of interest register and assessment register (1) The chief executive must, under this section, keep— (a) lists of the names of persons who are entitled, as prescribed, to have their names entered in an adoption list; and (b) registers of the names of persons who are entitled, as prescribed, to have their names entered in the expression of interest register or the assessment register. (2) An adoption list shall be kept in respect of each of the following classes— (a) applicants to become adoptive parents of special needs children; (b) applicants to become adoptive parents of children in respect of whom they are relatives. (3) For children other than children mentioned in subsection (2)(a) and (b)— (a) a register must be kept of persons who, under this Act, have expressed an interest in being assessed as suitable to be prospective adopters; and (b) a register must be kept of persons for whom there have been favourable assessments by the chief executive, under section 13B or 14, or by the tribunal on reviews, that the persons are of good repute and fit and proper persons to become adoptive parents. (4) The chief executive shall— (a) keep each adoption list in a form that indicates the order in which the applications by virtue of which names are to be included in the list were lodged with the chief executive; and

s 17 31 s 17 Adoption of Children Act 1964 (b) keep, for each adoption list and register, the particulars the chief executive considers necessary about each person whose name is entered in the list or register and a description of children that the person’s application or expression of interest relates to. (5) If— (a) a person makes an application under section 13AA; and (b) the person’s name is or, within 1 month before the date of the application, was included in a similar list (the interstate list ) kept by a person approved for the purposes of the law of another State or a Territory of the Commonwealth; the application is taken to be an application made to the chief executive on the day certified, in writing, by the person having custody of the interstate list to be the day on which the person’s application to be included in the interstate list was received or was treated, under the interstate law, as having been received. (6) If— (a) a person expresses interest in being assessed as suitable to be a prospective adopter even though the person’s expression of interest is not in response to an invitation; and (b) the person’s name is or, within 1 month before the date of the expression of interest, was included in a similar register, kept by a person approved for the purposes of the law of another State or a Territory of the Commonwealth; the expression of interest is taken to be an expression of interest received by the chief executive in response to an invitation with a closure day that is the day after the day on which the chief executive received the expression of interest. (7) In this Act— (a) the list of applicants mentioned in subsection (2)(a) is the Special Needs Children’s Adoption List ; and (b) the list of applicants mentioned in subsection (2)(b) is the Relative Children’s Adoption List ; and

s 18 32 s 18 Adoption of Children Act 1964 (c) the register of persons mentioned in subsection (3)(a) is the expression of interest register ; and (d) the register of persons mentioned in subsection (3)(b) is the assessment register . 18 Matters to be considered if general consent given, or dispensed with, for adoption of child other than a special needs child (1) In making arrangements with a view to the adoption of a child in respect of whom a general consent has been given or dispensed with and who is not a special needs child and, in particular, in determining which prospective adopter or prospective adopters the chief executive will approve in the case of such a child the chief executive shall have regard to— (a) the needs of the child that are known to the chief executive at the time of making the arrangements; and (b) the characteristics of the prospective adopters; and (c) expressed preferences of the child’s parent or guardian; and (d) other matters the chief executive considers, on reasonable grounds, relevant. (2) In having regard to the child’s needs, the chief executive must consider— (a) the child’s age and gender; and (b) the child’s indigenous or cultural background; and (c) the child’s medical needs, including, for example, known medical conditions, disabilities or potential future health conditions or disabilities; and (d) the educational needs of the child; and (e) the principle that the child should ordinarily be the youngest child in the adoptive family at the time of the adoption order. (3) In having regard to the characteristics of the prospective adopters, the chief executive must consider—

s 18 33 s 18 Adoption of Children Act 1964 (a) the age and gender of a child the prospective adopters have been assessed as having the capacity to parent; and (b) whether the prospective adopters have been assessed as having the capacity to parent children who are siblings; and (c) the prospective adopters’ religion, if any; and (d) the prospective adopters’ indigenous or cultural background; and (e) whether the prospective adopters are willing and have been assessed as having the capacity— (i) to parent a child with known medical conditions, disabilities or potential future health conditions or disabilities; and (ii) to parent a child from a particular social background; and (iii) to participate in exchanging non-identifying correspondence, through the department, with the child’s birth family after an adoption order has been made; and (f) the age of other children in the prospective adopters’ family. (4) In having regard to the expressed preferences of a parent or guardian, particularly preferences stated in the instrument of consent to the adoption of the child, the chief executive must consider— (a) the child’s religious upbringing; and (b) characteristics of prospective adopters and adoptive family composition; and (c) the parent’s or guardian’s wishes to participate in the voluntary exchange of non-identifying correspondence through the department; and (d) specific preferences the chief executive considers, on reasonable grounds, promote the child’s welfare and best interests.

s 18A 34 Adoption of Children Act 1964 s 18B (5) In this section— prospective adopters includes a sole prospective adopter. 18A Placement of children with indigenous or ethnic backgrounds In making arrangements with a view to the adoption of a child in respect of whom a general consent has been given or dispensed with and, in particular, in determining which prospective adopter or prospective adopters the chief executive will approve in the case of such a child the chief executive shall have regard to the indigenous or ethnic background and cultural background of the child and shall approve a prospective adopter who, or prospective adopters 1 of whom, has a similar indigenous or ethnic background and cultural background, unless— (a) it appears to the chief executive that such a prospective adopter or prospective adopters is not or are not available and can not reasonably be expected to become available promptly; or (b) in the chief executive’s opinion, the welfare and interests of the child would not be best served by so doing. Division 2A Intercountry adoptions 18AA Definition of application for div 2A In this division— application includes an expression of interest to be assessed as suitable to be a prospective adopter in response to an invitation. 18B Operation of pt 3 not limited To remove doubt, it is declared that this division does not limit the operation of another provision in this part, including, in particular, section 10.

s 18C 35 Adoption of Children Act 1964 s 18D 18C Adoption of a child from Queensland by a person habitually resident in a convention country (1) This section applies to an application under this Act, by a person who is habitually resident in a convention country, to adopt a child who is habitually resident in Queensland. (2) The chief executive may make an order for the adoption of the child by the applicant only if, at the time of the order— (a) the child is not prevented from leaving Australia— (i) under a law of the Commonwealth or a State; or (ii) by an order of a court of the Commonwealth or a State; and (b) the chief executive is satisfied that— (i) arrangements for the adoption have been made under the Hague convention and the law of the convention country; and (ii) the central authority of the convention country has agreed to the adoption; and (iii) the child is not prevented by a law of the convention country from residing permanently in that country. 18D Adoption of a child from a convention country by a person habitually resident in Queensland (1) This section applies to an application under this Act, by a person who is habitually resident in Queensland, to adopt a child who is habitually resident in a convention country. (2) The chief executive may make an order for the adoption of the child by the applicant only if, at the time of the order— (a) the child is not prevented from residing permanently in Australia— (i) under a law of the Commonwealth or a State; or (ii) by an order of a court of the Commonwealth or a State; and (b) the chief executive is satisfied that—

s 19 36 s 19 Adoption of Children Act 1964 (i) arrangements for the adoption have been made under the Hague convention and the law of the convention country; and (ii) the central authority of the convention country has agreed to the adoption. Division 3 Consents to adoptions 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 ChildProtectionAct1999 , 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.

s 20 37 s 21 Adoption of Children Act 1964 20 Giving of consents (1) Subject to this section, a consent for the purposes of section 19 shall be expressed as a consent to the adoption of the child by any prospective adopter. (2) Where an applicant to become an adoptive parent or, in the case of applicants who are a married couple, at least 1 of them is a relative of the child, a consent for the purposes of section 19 may be a consent to the adoption of the child by the applicant or applicants only. (3) If the chief executive for child protection has custody or guardianship of the child under a child protection order under the Child Protection Act 1999 , a consent for the purposes of section 19 may be a consent to the adoption of the child by a particular person or particular persons (being a married couple) only. 21 Consents given under law of another State or of a Territory of the Commonwealth Where— (a) a person whose consent to the adoption of a child is required by section 19 has, in accordance with the law of another State or of a Territory of the Commonwealth, duly signed an instrument of consent to the adoption of the child by any person approved by or on behalf of the officer empowered in that other State or in that Territory to approve persons as fit and proper persons to adopt children; and (b) that officer, or a person acting on the officer’s behalf, has, by writing under his or her hand, authorised the chief executive to make arrangements for the adoption of the child in Queensland; and (c) the consent evidenced by the instrument of consent has not been revoked in accordance with the law of that other State or of that Territory; that instrument of consent shall, for the purposes of this Act, be deemed to be an instrument executed in accordance with this division evidencing a subsisting consent, in accordance with section 19(1), to the adoption of the child.

s 22 38 s 24 Adoption of Children Act 1964 22 Revocation of consents (1) A consent to the adoption of a child given for the purposes of this Act or the repealed Acts by a person other than the child may be revoked by notice in writing served on the chief executive before— (a) the expiration of 30 days from the date on which the instrument of consent was signed; or (b) the day on which an order for the adoption of the child is made; whichever is the earlier, but may not otherwise be revoked. (2) Service of a notice on the chief executive under subsection (1) shall be effected by delivering it to the chief executive personally or by sending it to the chief executive by registered post at such address as is prescribed. 23 Form of consents (1) Subject to this section, a consent for the purposes of the preceding provisions of this division shall be evidenced by an instrument of consent substantially in accordance with the prescribed form signed by the person giving the consent and attested as prescribed. (2) A consent referred to in section 20(2) or (3) has no force or effect unless it is attested by the chief executive or a person authorised in writing by the chief executive to attest that consent or generally to attest such consents. 24 Defective consents (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

s 25 39 s 25 Adoption of Children Act 1964 (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 NursingAct1992 , 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. 25 Court may dispense with consents (1) The Supreme Court or the Childrens Court may on the application of— (a) the chief executive; or (b) a married couple that has duly made and lodged with the chief executive an application to become adoptive parents of a child of whom each of them is either a parent or a relative; or

s 25 40 s 25 Adoption of Children Act 1964 (c) a person who has duly made and lodged with the chief executive an application to become an adoptive parent of a child of whom the person is a relative; by order, dispense with the consent of any person, other than the child where the child’s consent is necessary, to the adoption of a child where the court is satisfied— (d) that the person can not, after reasonable inquiry, be found; or (e) that the person is in such a physical or mental condition as not to be capable of properly considering the question whether the person should give his or her consent; or (f) that the person has abandoned, deserted or persistently neglected or ill-treated the child; or (g) that the person has, for a period of not less than 1 year, failed, without reasonable cause, to discharge the obligations of a parent or guardian, as the case may be, of the child; or (h) that the person has failed to reasonably plan for resumption of care of the child whereby integration of the child in the child’s family is unlikely in the foreseeable future; or (i) that there are any other special circumstances that in the court’s opinion make it desirable that an order be made; and is satisfied that the welfare and interests of the child will be promoted if the order is made. (1A) Where an application is made to the court under subsection (1) by any person or persons other than the chief executive a copy of the application shall be served 21 days at the least before the date fixed for the hearing of the application on the chief executive who shall be entitled to intervene in and become a party to the proceedings. (2) In order to facilitate the making of arrangements by the chief executive with a view to the adoption of a child, the court may, on the application of the chief executive, make an order under this section dispensing with the consent of a person whose consent is required to the adoption of the child, and any

s 25A 41 Adoption of Children Act 1964 s 25A such order under this section has effect for the purposes of any adoption order that may subsequently be made under this Act. (2A) Where an order is sought under this section before the chief executive has made an assessment of a person under section 13B that the chief executive considers necessary, the court may cause the chief executive to be notified that it is prepared to make the order sought subject to— (a) the chief executive or tribunal making an assessment under section 13B of any person or persons to become an adoptive parent or adoptive parents of the child in question; and (b) that assessment being favourable to the person or persons; and refrain from making the order sought until such an assessment is made. (3) An order made under subsection (2) may, on the application of the chief executive or the person whose consent was dispensed with, be revoked— (a) in the case of an order made by the Supreme Court—by that court; or (b) in the case of an order made by the Childrens Court—by that court or the Supreme Court; at any time before the making of an adoption order in respect of the child to whom the court order relates. 25A Consent not required in certain circumstances Subject to section 26, where— (a) the chief executive proposes to make an adoption order and is satisfied that the child in respect of whom the order is to be made— (i) has not attained the age of 18 years; and (ii) entered Australia as a non-citizen child; and (b) the child has been in the care of the persons in whose favour the adoption order is proposed to be made for at least 12 months; and

s 26 42 s 26A Adoption of Children Act 1964 (c) the chief executive considers that the making of the adoption order in favour of those persons would be in the best interests of the child; no consent to the adoption is required. 26 Consent of child (1) Subject to this division, an order for the adoption of a child who has attained the age of 12 years shall not be made unless the child has consented to the adoption. (2) However, the Supreme Court or the Childrens Court may, on the application of the chief executive, where the court is satisfied that there are special reasons, related to the welfare and interests of the child, why an order of adoption of the child should be made, notwithstanding that the child has refused to consent to the adoption or that the child’s consent has not been sought, by order, dispense with the consent of the child. 26A Provisions concerning court’s jurisdiction—appeals (1) When a proceeding for the purposes of section 25 or 26 has been commenced in the Childrens Court, any party to the proceeding or any person likely to be affected by any order made in the proceeding may make application to the Supreme Court for an order that the proceeding be removed into the Supreme Court and, if the order is made, the proceeding shall be thereupon removed from the jurisdiction of the Childrens Court accordingly. (1A) Upon such an application the Supreme Court may make or refuse to make the order sought and may make such order as to costs as it thinks fit. (2) If the magistrate constituting the Childrens Court to which an application is made pursuant to section 25 or 26 considers that the application should more properly or could more conveniently be determined by the Supreme Court, the magistrate shall refrain from dealing with the application. (2A) An appeal shall not lie from such a decision.

s 27 43 s 27 Adoption of Children Act 1964 (3) Any person who feels aggrieved by an order of the Childrens Court made under section 25 or 26 or a refusal by the Childrens Court to make an order under section 25 or 26 (otherwise than pursuant to subsection (2)) may, notwithstanding the provisions of the DistrictCourtofQueensland Act 1967 , appeal to a judge of the Supreme Court. (4) Every such appeal shall be by way of rehearing. (5) In respect of every such appeal and every order made therein the provisions of the JusticesAct1886, part 9, division 1, other than the provisions of section 222(1), (1A) and (3), apply with all necessary adaptations. 27 Guardianship of child awaiting adoption (1) Upon the chief executive, himself or herself or by the chief executive’s duly authorised officer, signifying that the chief executive accepts guardianship of a child in respect of whom the consents required by section 19 to the child’s adoption have been given or dispensed with or upon the expiration of 30 days from the date the chief executive or, as the case may be, the duly authorised officer receives such consents or notification that such consents have been dispensed with, whichever event first occurs, the chief executive shall be the guardian of the child for all purposes, other than the purposes of section 19, to the exclusion of all other persons until— (a) an adoption order is made in respect of the child; or (b) where such consents are given, any such consent is lawfully revoked; or (c) another person becomes guardian pursuant to section 27A; or (d) a court of competent jurisdiction, by order, makes other provision for the guardianship of the child. (2) The chief executive, himself or herself or by the chief executive’s duly authorised officer, may in writing release to a child’s natural parents or 1 of them a child awaiting adoption. (2A) Upon a release to a child’s natural parents or 1 of them of a child awaiting adoption all consents given by the natural

s 27A 44 Adoption of Children Act 1964 s 27A parents to the adoption of the child shall be deemed to be thereby lawfully revoked and the guardianship of the child, if it theretofore was in the chief executive, shall thereby pass to the persons or person to whom the child is released. (3) Subsection (1) does not apply— (a) to a child in the custody or under the guardianship of the chief executive for child protection under a child protection order under the Child Protection Act 1999 ; or (b) to a child in respect of whom the chief executive has, within the period of 30 days referred to in that subsection, declined in writing to accept guardianship. (4) Where the chief executive becomes guardian of a child pursuant to this section the chief executive may extend to and in respect of the child such benefits as the chief executive might have extended to or in respect of the child if the child were in the custody or under the guardianship of the chief executive for child protection under a child protection order under the Child Protection Act 1999. 27A Register of children for adoption (1) Where the chief executive has become guardian of a child pursuant to section 27 or is guardian of a child in respect of whom all consents (other than the chief executive’s) necessary to the child’s adoption have been given or dispensed with, except a child in respect of whom the consents necessary to the child’s adoption have been given or dispensed with in relation to the child’s adoption by a person who is a relative of the child, the chief executive shall forthwith cause the child’s name to be entered in a register, and shall keep, either in or in connection with the register, such particulars of the child as the chief executive thinks fit. (2) The register shall be kept in a form that indicates the order in which each child named therein became a child whose name is required to be entered in the register. (3) If an adoption order has not been made in respect of a child named in the register within 3 months after the child became a child whose name is required to be entered in the register the chief executive shall as soon as is practicable notify that fact

s 27A 45 Adoption of Children Act 1964 s 27A to each person who gave consent to the adoption of the child, unless— (a) that person has advised the chief executive that he or she does not desire, or that he or she no longer desires, as the case may be, such notification; or (b) the whereabouts of that person is unknown to the chief executive after reasonable inquiries have been made. (4) The chief executive may, in writing, declare a child named in the register to be a special needs child where— (a) an adoption order has not been made in respect of that child within 4 months after the child becomes a child whose name is required to be entered in the register; or (b) at any time, the chief executive is of the opinion that because of the special needs of that child there is little prospect of the child being adopted without considering as a prospective adopter or prospective adopters either a person or persons whose name or names is or are in the adoption list referred to in section 17(2)(a) or a person or persons who may wish to apply to adopt the child. (5) The chief executive shall regularly review the circumstances of each special needs child with a view to securing for the child a permanent placement within a family environment and promoting the welfare and interests of the child. (6) When the chief executive is no longer guardian of a child named in the register the name and any other particulars of the child in the register shall be deleted. (7) This section applies in respect of children within the application of subsection (1) who have come into the guardianship of the chief executive before the commencement of section 21 of the Adoption of Children Act Amendment Act 1983 3 as well as in respect of children who come into the chief executive’s guardianship after the commencement of that section but in respect of such of the first mentioned children who have been in the chief executive’s guardianship for longer than 3 months at the commencement of that section it 3 Adoption of Children Act Amendment Act 1983 , section 21 commenced 27 June 1988 (proc pubd gaz 21 May 1988 p 558).

s 27B 46 Adoption of Children Act 1964 s 27B shall not be obligatory on the chief executive to comply with subsection (3). 27B Renunciation of guardianship of child to be adopted in another State or Territory (1) Where the chief executive, being guardian of a child pursuant to section 27(1), receives from an officer in another State or in a Territory of the Commonwealth whose powers, functions and duties correspond to those of the chief executive under this Act a notice that application has been or is to be made in that other State or Territory for the adoption of the child and a request that the chief executive renounce the chief executive’s guardianship of the child, the chief executive may, if all consents to the adoption of the child obtained to comply with this Act have become irrevocable and if the chief executive thinks it to be in the best interests of the child so to do, by instrument in writing signed by the chief executive renounce the chief executive’s guardianship of the child. (2) Forthwith after signing an instrument of renunciation under subsection (1) the chief executive shall send the instrument by registered post to such officer in the other State or Territory concerned together with all consents to the adoption of the child obtained to comply with this Act and held by the chief executive, and upon receipt thereof by such officer the chief executive shall cease to be guardian of the child. (3) If the chief executive wishes to make an adoption order relating to a child of whom the guardian is an officer in another State or in a Territory of the Commonwealth pursuant to a law of that State or Territory that corresponds to section 27, whose powers, functions and duties correspond to those of the chief executive under this Act, the chief executive may notify such officer thereof and request such officer in writing to renounce the officer’s guardianship of the child and to send to the chief executive for use in connection with the adoption all consents to the adoption of the child obtained to comply with a law of that State or Territory that corresponds to this Act and held by such officer. (4) Upon receiving from such officer an instrument of renunciation of guardianship of the child referred to in subsection (3) together with all consents to the adoption of the

109 Adoption of Children Act 1964 Schedule (continued) shall be used only for the purposes for which they were gathered or transmitted. Article 32 1 No one shall derive improper financial or other gain from an activity related to an intercountry adoption. 2 Only costs and expenses, including reasonable professional fees of person involved in the adoption, may be charged or paid. 3 The directors, administrators and employees of bodies involved in an adoption shall not receive remuneration which is unreasonably high in relation to services rendered. Article 33 A competent authority which finds that any provision of the Convention has not been respected or that there is a serious risk that it may not be respected, shall immediately inform the Central Authority of its State. This Central Authority shall be responsible for ensuring that appropriate measures are taken. Article 34 If the competent authority of the State of destination of a document so requests, a translation certified as being in conformity with the original must be furnished. Unless otherwise provided, the costs of such translation are to be borne by the prospective adoptive parents. Article 35 The competent authorities of the Contracting States shall act expeditiously in the process of adoption.

110 Adoption of Children Act 1964 Schedule (continued) Article 36 In relation to a State which has two or more systems of law with regard to adoption applicable in different territorial units— a any reference to habitual residence in that State shall be construed as referring to habitual residence in a territorial unit of that State; b any reference to the law of that State shall be construed as referring to the law in force in the relevant territorial unit; c any reference to the competent authorities or to be public authorities of that State shall be construed as referring to those authorised to act in the relevant territorial unit; d any reference to the accredited bodies of that State shall be construed as referring to bodies accredited in the relevant territorial unit. Article 37 In relation to a State which with regard to adoption has two or more systems of law applicable to different categories of person, any reference to the law of that State shall be construed as referring to the legal system specified by the law of that State. Article 38 A State within which different territorial units have their own rules of law in respect of adoption shall not be bound to apply the Convention where a State with a unified system of law would not be bound to do so.

111 Adoption of Children Act 1964 Schedule (continued) Article 39 1 The Convention does not affect any international instrument to which Contracting States are Parties and which contains provisions on matters governed by the Convention, unless a contrary declaration is made by the States Parties to such instrument. 2 Any Contracting State may enter into agreements with one or more other Contracting States, with a view to improving the application of the Convention in their mutual relations. These agreements may derogate only from the provisions of Articles 14 to 16 and 18 to 21. The States which have concluded such an agreement shall transmit a copy to the depositary of the Convention. Article 40 No reservation to the Convention shall be permitted. Article 41 The Convention shall apply in every case where an application pursuant to Article 14 has been received after the Convention has entered into force in the receiving State and the State of origin. Article 42 The Secretary General of the Hague Conference on Private International Law shall at regular intervals convene a Special Commission in order to review the practical operation of the Convention.

112 Adoption of Children Act 1964 Schedule (continued) CHAPTER VII—FINAL CLAUSES Article 43 1 The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at the time of its Seventeenth Session and by the other States which participated in that Session. 2 It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention. Article 44 1 Any other State may accede to the Convention after it has entered into force in accordance with Article 46, paragraph 1. 2 The instrument of accession shall be deposited with the depositary. 3 Such accession shall have effect only as regards the relations between the acceding State and those Contracting States which have not raised an objection to its accession in the six months after the receipt of the notification referred to in sub-paragraph b of Article 48. Such an objection may also be raised by States at the time when they ratify, accept or approve the Convention after an accession. Any such objection shall be notified to the depositary. Article 45 1 If a State has two or more territorial units in which different systems of law are applicable in relation to matter dealt with in the Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.

113 Adoption of Children Act 1964 Schedule (continued) 2 Any such declaration shall be notified to the depositary and shall state expressly the territorial units to which the Convention applies. 3 If a State makes no declaration under this Article, the Convention is to extend to all territorial units of that State. Article 46 1 The Convention shall enter into force on the first day of the month following the expiration of three months after the deposit of the third instrument of ratification, acceptance or approval referred to in Article 43. 2 Thereafter the Convention shall enter into force— a for each State ratifying, accepting or approving it subsequently, or acceding to it, on the first day of the month following the expiration of three months after the deposit of its instrument of ratification, acceptance, approval or accession; b for a territorial unit to which the Convention has been extended in conformity with Article 45, on the first day of the month following the expiration of three months after the notification referred to in that Article. Article 47 1 A State Party to the Convention may denounce it by a notification in writing addressed to the depositary. 2 The denunciation takes effect on the first day of the month following the expirations of twelve months after the notification is received by the depositary. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation takes effect upon the expiration of such longer period after the notification is received by the depositary.

114 Adoption of Children Act 1964 Schedule (continued) Article 48 The depositary shall notify the States Members of the Hague Conference on Private International Law, the other States which participated in the Seventeenth Session and the States which have acceded in accordance with Article 44, of the following— a the signatures, ratifications, acceptances and approvals referred to in Article 43; b the accessions and objections raised to accessions referred to in Article 44; c the date on which the Convention enters into force in accordance with Article 46; d the declarations and designations referred to in Articles 22, 23, 25 and 45; e the agreements referred to in Article 39; f the denunciations referred to in Article 47. In whereof the undersigned, being duly authorised thereto, have signed this Convention. Done at The Hague, on the twenty-ninth day of May 1993, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the States Members of the Hague Conference on Private International Law at the date of its Seventeenth Session and to each of the other States which participated in that Session.

115 Adoption of Children Act 1964 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .115 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .115 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .116 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .116 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .116 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .120 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 26 August 2009. Future amendments of the Adoption of Children Act 1964 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered

116 Adoption of Children Act 1964 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A 1B 2 3 3A 3B 3C 3D Amendments to 1991 Act No. 2 1994 Act No. 15 1996 Act No. 51 1996 Act No. 51 1999 Act No. 19 1999 Act No. 19 2000 Act No. 46 2000 Act No. 59 2001 Act No. 7 Effective 1 June 1991 10 May 1994 20 December 1996 20 December 1996 30 April 1999 23 March 2000 25 October 2000 2 February 2001 1 March 2002 Reprint date 24 February 1994 6 August 1996 14 April 1997 2 April 1998 4 June 1999 24 March 2000 7 November 2000 2 February 2001 7 March 2002 Reprint No. 3E 4 4A 4B 4C 5 5A Amendments included 2002 Act No. 21 — 2002 Act No. 74 2003 Act No. 19 2003 Act No. 31 2003 Act No. 77 — 2009 Act No. 29 Effective 1 July 2002 1 July 2002 1 April 2003 9 May 2003 1 February 2004 1 February 2004 26 August 2009 Notes R3E withdrawn, see R4R4C withdrawn, see R5 5 Tables in earlier reprints Name of table Changed names and titles Corrected minor errors Renumbered provisions Reprint No. 1 1, 4, 5 1 6 List of legislation Adoption of Children Act 1964 No. 54 date of assent 21 December 1964 ss 1–4, 6, pt 3 div 2, pt 5 and ss 64–6 commenced 3 July 1985 (see s 2(2)) remaining provisions commenced 1 August 1965 (proc pubd gaz 3 July 1965 p 1247) amending legislation—

117 Adoption of Children Act 1964 Children’s Services Act 1965 No. 42 s 154 sch 2 date of assent 23 November 1965 commenced 1 August 1966 (proc pubd gaz 2 July 1966 p 1231) Adoption of Children Acts Amendment Act 1967 No. 14 date of assent 5 April 1967 commenced 1 August 1965 (see s 2) Adoption of Children Act Amendment Act 1972 No. 17 date of assent 19 December 1972 commenced 1 April 1973 (proc pubd gaz 31 March 1973 p 1497) Age of Majority Act 1974 No. 57 s 8 sch date of assent 27 September 1974 commenced 1 March 1975 (proc pubd gaz 16 November 1974 p 1083) Status of Children Act 1978 No. 30 s 14 sch date of assent 8 June 1978 commenced 1 January 1979 (see s 1(2)) Adoption of Children Act Amendment Act 1979 No. 22 date of assent 17 May 1979 commenced 11 August 1979 (proc pubd gaz 11 August 1979 p 1905) Adoption of Children Act Amendment Act 1981 No. 42 date of assent 12 June 1981 ss 1–2 commenced on date of assent ss 3–4 commenced 17 July 1982 (proc pubd gaz 17 July 1982 p 2342) ss 5–6 commenced 18 March 1982 (proc pubd gaz 13 March 1982 pp 1060–1) ss 7–10 commenced 5 September 1981 (proc pubd gaz 5 September 1981 p 63) Adoption of Children Act Amendment Act 1983 No. 26 (this Act is amended, see amending legislation below) date of assent 19 April 1983 ss 1–2 commenced on date of assent ss 5(d), (f)–(g), 27–29, 31, 33 and 34 commenced 11 May 1987 (proc pubd gaz 14 March 1987 p 1121) remaining provisions commenced 27 June 1988 (proc pubd gaz 21 May 1988 p 558) amending legislation— Adoption of Children Acts and Another Act Amendment Act 1986 No. 35 pt 3 (amends 1983 No. 26 above) date of assent 5 September 1986 commenced on date of assent (see s 1A(1)) Adoption of Children (Amendment) Act 1987 No. 6 (amends 1983 No. 26 above) date of assent 15 April 1987 commenced on date of assent Family and Youth Services Act 1987 No. 32 s 69(1), (4) sch cls 22–25 (amends 1983 No. 26 above) date of assent 30 April 1987 commenced on date of assent (see s 2(1))

118 Adoption of Children Act 1964 Adoption of Children Acts and Another Act Amendment Act 1986 No. 35 pt 2 (this Act is amended, see amending legislation below) date of assent 5 September 1986 ss 3–8, 11 and 13 commenced 11 May 1987 (proc pubd gaz 28 Mar 1987 p 1364) remaining provisions commenced 27 June 1988 (proc pubd gaz 21 May 1988 p 558) amending legislation— Family and Youth Services Act 1987 No. 32 s 69(1), (5) sch cls 26–27 (amends 1986 No. 35 above) date of assent 30 April 1987 commenced on date of assent (see s 2(1)) Family and Youth Services Act 1987 No. 32 s 69(1) and (3) sch cls 18–21 (this Act is amended, see amending legislation below) date of assent 30 April 1987 s 69(1), (3) sch cl 19 never proclaimed into force and rep 1994 No. 87 s 3 sch 3 pt 1 remaining provisions commenced 9 June 1987 (proc pubd gaz 30 May 1987 p 846) amending legislation— Acts Amendment and Construction Act 1988 No. 47 s 3 sch 1 (amends 1987 No. 32 above) date of assent 12 May 1988 commenced on date of assent Statute Law (Miscellaneous Provisions) Act (No. 2) 1994 No. 87 s 3 sch 3 pt 1 (amends 1987 No. 32 above) date of assent 1 December 1994 commenced on date of assent (see s 2) Acts Amendment and Construction Act 1988 No. 47 s 3(1) sch 1 date of assent 12 May 1988 commenced on date of assent Statute Law (Miscellaneous Provisions) Act 1989 No. 103 s 3 sch date of assent 25 October 1989 commenced on date of assent Adoption of Children Act Amendment Act 1990 No. 8 (this Act is amended, see amending legislation below) date of assent 25 May 1990 s 17 commenced 1 September 1990 (see s 2(2)) ss 4–5, 15–16, 18, 23–25(a) commenced 1 June 1991 (see s 2(3) (amd 1991 No. 2 s 4)) remaining provisions commenced on date of assent amending legislation— Adoption Legislation Amendment Act 1991 No. 2 pt 2 (amends 1990 No. 8 above) date of assent 28 February 1991 commenced on date of assent

119 Adoption of Children Act 1964 Adoption Legislation Amendment Act 1991 No. 2 pt 3 date of assent 28 February 1991 ss 7–10 commenced 1 June 1991 (see s 1(2)) remaining provisions commenced on date of assent Statute Law (Miscellaneous Provisions) Act 1994 No. 15 s 3 sch 2 date of assent 10 May 1994 commenced on date of assent Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 No. 51 ss 1–2, 84 sch 1 date of assent 20 November 1996 ss 1–2 commenced on date of assent remaining provisions commenced 20 December 1996 (1996 SL No. 392) Adoption of Children (Hague Convention on Intercountry Adoption) AmendmentAct 1999 No. 3 date of assent 18 March 1999 ss 1–2 commenced on date of assent remaining provisions commenced 16 April 1999 (1999 SL No. 61) Child Protection Act 1999 No. 10 ss 1, 2(2), 205 sch 3 date of assent 30 March 1999 ss 1–2 commenced on date of assent remaining provisions commenced 23 March 2000 (2000 SL No. 45) Statute Law (Miscellaneous Provisions) Act 1999 No. 19 ss 1–3 sch date of assent 30 April 1999 commenced on date of assent Statute Law (Miscellaneous Provisions) Act 2000 No. 46 ss 1, 3 sch date of assent 25 October 2000 commenced on date of assent Children Services Tribunal Act 2000 No. 59 ss 1–2, 151 sch 1 date of assent 24 November 2000 ss 1–2 commenced on date of assent remaining provisions commenced 2 February 2001 (2001 SL No. 2) Medical Practitioners Registration Act 2001 No. 7 ss 1–2, 302 sch 2 date of assent 11 May 2001 ss 1–2 commenced on date of assent remaining provisions commenced 1 March 2002 (2002 SL No. 30) Adoption of Children Amendment Act 2002 No. 21 pts 1–2, s 3 sch 1 date of assent 17 May 2002 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2002 (2002 SL No. 165) Discrimination Law Amendment Act 2002 No. 74 pts 1, 3 s 90 sch date of assent 13 December 2002 ss 1–2 commenced on date of assent s 90 commenced 31 March 2003 (2003 SL No. 51) remaining provisions commenced 1 April 2003 (2003 SL No. 51)

120 Adoption of Children Act 1964 Statute Law (Miscellaneous Provisions) Act 2003 No. 19 ss 1, 3 sch date of assent 9 May 2003 commenced on date of assent Births, Deaths and Marriages Registration Act 2003 No. 31 ss 1–2, 59 sch 1 date of assent 23 May 2003 ss 1–2 commenced on date of assent remaining provisions commenced 1 February 2004 (2003 SL No. 360) Justice and Other Legislation Amendment Act 2003 No. 77 ss 1, 2(3), pt 3 date of assent 6 November 2003 ss 1–2 commenced on date of assent remaining provisions commenced 1 February 2004 (2003 SL No. 359) Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) AmendmentAct 2009 No. 24 ss 1–2, ch 2 pt 1 date of assent 26 June 2009 ss 1–2 commenced on date of assent remaining provisions not yet proclaimed into force (see s 2) Adoption Act 2009 No. 29 ss 1–2, pt 17 div 1 date of assent 26 August 2009 commenced on date of assent (see s 2) 7 List of annotations Parts s3 amd 1983 No. 26 s 3; 1986 No. 35 s 4; 1990 No. 8 s 5 om R1 (see RA s 40) Severability s 4 om 1999 No. 3 s 4 Objective of Act s 5A ins 1983 No. 26 s 4 Inherent jurisdiction of Supreme Court preserved s 5B ins 1983 No. 26 s 4A (amd 1986 No. 35 s 16) Definitions prov hdg sub 1999 No. 3 s 6(1) s 6 def “adopted child” ins 2002 No. 21 s 4(2) def “adopter” or “adopters” ins 2002 No. 21 s 4(2) def “adoption compliance certificate” ins 1999 No. 3 s 6(3) def “adoption entry” ins 2002 No. 74 s 7 def “adoption list” sub 1983 No. 26 s 5(a) amd 1999 No. 3 s 3 sch sub 2002 No. 21 s 4 def “assessment” ins 1983 No. 26 s 5(b) amd 1999 No. 3 s 3 sch def “assessment register” ins 2002 No. 21 s 4(2) def “central authority” ins 1999 No. 3 s 6(3)

121 Adoption of Children Act 1964 def “chief executive for child protection” ins 1999 No. 10 s 205 sch 3 def “child” amd 1974 No. 57 s 8 sch; 1990 No. 8 s 6(a) def “Children’s Court” ins 1986 No. 35 s 5(a) sub 1994 No. 15 s 3 sch 2 def “closure day” ins 2002 No. 21 s 4(2) def “Commonwealth” om 2002 No. 21 s 4(1) def “Commonwealth central authority” ins 1999 No. 3 s 6(3) def “Commonwealth regulation” ins 1999 No. 3 s 6(3) def “convention country” ins 1999 No. 3 s 6(3) def “country” ins 1999 No. 3 s 6(3) def “criminal history” ins 1986 No. 35 s 5(b) amd 1994 No. 15 s 3 sch 2 def “department” ins 1987 No. 32 s 69(1) sch amd 1988 No. 47 s 3(1) sch 1 om 1999 No. 3 s 6(2) def “director” sub 1965 No. 42 s 154 sch 2; 1987 No. 32 s 69(1) sch amd 1988 No. 47 s 3(1) sch 1 om 1999 No. 3 s 6(2) def “expression of interest register” ins 2002 No. 21 s 4(2) def “Father” om 1978 No. 30 s 14 sch def “Hague convention” ins 1999 No. 3 s 6(3) def “invitation” ins 2002 No. 21 s 4(2) def “Minister” sub 1983 No. 26 s 5(c) om 1999 No. 3 s 6(2) def “non-citizen child” ins 1990 No. 8 s 6(b) def “non-convention country” ins 1999 No. 3 s 6(3) def “prospective adopter” ins 2002 No. 21 s 4(2) def “public trustee” ins 1990 No. 8 s 6(b) def “registrar general” amd 2003 No. 31 s 59 sch 1 def “registrar of the Supreme Court” amd 1999 No. 3 s 6(4)–(5) def “relative” amd 1978 No. 30 s 14 sch sub 1983 No. 26 s 5(d) def “Relative Children’s Adoption List” ins 2002 No. 21 s 4(2) def “special needs child” ins 1983 No. 26 s 5(e) (amd 1986 No. 35 s 17(a)) amd 1990 No. 8 s 6(c); 1999 No. 3 s 3 sch def “Special Needs Children’s Adoption List” ins 2002 No. 21 s 4(2) def “spouse” ins 2002 No. 74 s 90 sch def “Supreme Court” sub 1983 No. 26 s 5(f) (amd 1986 No. 35 s 17(b)) def “the court” sub 1983 No. 26 s 5(f) (amd 1986 No. 35 s 17(b)) def “the repealed Acts” amd 1999 No. 3 s 6(6) def “the tribunal” ins 1983 No. 26 s 5(g) (amd 1986 No. 35 s 17(b)) om 1996 No. 51 s 84 sch 1 def “tribunal” ins 1996 No. 51 s 84 sch 1 sub 2000 No. 59 s 151 sch 1 Convention countries s 6A ins 1999 No. 3 s 7 PART 2—JURISDICTION CONCERNING ADOPTIONS pt hdg sub 1983 No. 26 s 6

122 Adoption of Children Act 1964 Adoption by order of chief executive prov hdg amd 1999 No. 3 s 3 sch s 7 sub 1983 No. 26 s 6 (amd 1986 No. 35 s 18(a)) amd 1999 No. 3 ss 8, 3 sch; 2002 No. 21 s 5 Nexus with Queensland s 7A ins 1983 No. 26 s 6 (amd 1986 No. 35 s 18(b)) amd 1999 No. 3 ss 9, 3 sch Rules of private international law not relevant s 7B ins 1983 No. 26 s 6 amd 1999 No. 3 s 3 sch Adoptions Appeals Tribunal prov hdg amd 1983 No. 35 s 6 (amd 1986 No. 35 s 18(c)(i)) s 8 sub 1983 No. 26 s 6 (amd 1986 No. 35 s 18(c)(ii)–(iii); 1987 No. 32 s 69(1) sch) om 1996 No. 51 s 84 sch 1 Jurisdiction of tribunal s 8A ins 1983 No. 26 s 6 (amd 1986 No. 35 s 18(d)) om 1996 No. 51 s 84 sch 1 Appeals to tribunal s 9 sub 1983 No. 26 s 6 (amd 1986 No. 35 s 18(e)) om 1996 No. 51 s 84 sch 1 PART 3—ADOPTIONS UNDER THIS ACT Welfare and interests of child to be paramount s 10 amd 1983 No. 26 s 7 Who may be adopted s 11 amd 1974 No. 57 s 8 sch; 1983 No. 26 s 8 (amd 1986 No. 35 s 19); 1990 No. 8 s 7; 1999 No. 3 s 3 sch Persons in whose favour adoption orders may be made s 12 sub 1983 No. 26 s 9 (amd 1986 No. 35 s 20) amd 1999 No. 3 s 3 sch Age of adopters s 13 sub 1983 No. 26 s 10 (amd 1986 No. 35 s 21) amd 1999 No. 3 s 3 sch Division 1A—Purpose of division, applications, invitations, expressions of interest, assessment after expression of interest and related matters div hdg ins 2002 No. 21 s 6 Purposes of division s 13A ins 1983 No. 26 s 11 (amd 1986 No. 35 s 22(a)) amd 1996 No. 51 s 84 sch 1; 1999 No. 3 ss 10, 3 sch sub 2002 No. 21 s 6 Application for adoption of a special needs child or a child who is a relative s 13AA ins 2002 No. 21 s 6

123 Adoption of Children Act 1964 Chief executive must publicly invite persons to express interest in being assessed as suitable to be prospective adopters s 13AB ins 2002 No. 21 s 6 Inclusion of person’s name in expression of interest register s 13AC ins 2002 No. 21 s 6 Information to be given to each person who expresses interest in being assessed as suitable to be a prospective adopter s 13AD ins 2002 No. 21 s 6 Assessments after person’s name entered in adoption list s 13AE ins 2002 No. 21 s 6 Assessments required to meet anticipated placement needs of children s 13AF ins 2002 No. 21 s 6 Chief executive’s assessments prov hdg amd 1999 No. 3 s 3 sch s 13B ins 1983 No. 26 s 11 (amd 1986 No. 35 s 22(b)) amd 1999 No. 3 ss 11, 3 sch; 2000 No. 59 s 151 sch 1; 2002 No. 21 s 7 Matters to be regarded for assessment s 13C ins 1983 No. 26 s 11 (amd 1986 No. 35 s 22(c)) amd 1999 No. 3 s 3 sch; 2002 No. 21 s 8 What happens after favourable assessment s 13D ins 1983 No. 26 s 11 (amd 1986 No. 35 s 22(d)) amd 1996 No. 51 s 84 sch 1; 1999 No. 3 s 3 sch; 2000 No. 59 s 151 sch 1 sub 2002 No. 21 s 9 Ineligibility after person’s name entered in assessment register s 13E ins 2002 No. 21 s 9 Further assessment of prospective adopters s 14 amd 1974 No. 57 s 8 sch sub 1983 No. 26 s 12 (amd 1986 No. 35 s 23) amd 1999 No. 3 s 3 sch; 2002 No. 21 s 10 Special assessment for adoption of mature person s 14A ins 1983 No. 26 s 13 (amd 1986 No. 35 s 24(b)) om 1990 No. 8 s 8 Criminal histories to be disclosed s 14B ins 1983 No. 26 s 13 (amd 1986 No. 35 s 24(d)) amd 1999 No. 3 s 3 sch; 2000 No. 59 s 151 sch 1; 2002 No. 21 s 11 Procedure upon assessments under s 14 prov hdg ins 1983 No. 26 s 13 (amd 1986 No. 35 s 24(c)(i)); 1990 No. 8 s 9(a) s 14C (prev s 14B) ins 1983 No. 26 s 13 (amd 1986 No. 35 s 24(c)(ii)) renum 1983 No. 26 s 13 (amd 1986 No. 35 s 24(c)) amd 1990 No. 8 s 9; 1999 No. 3 s 3 sch; 2000 No. 59 s 151 sch 1; 2002 No. 21 s 12

124 Adoption of Children Act 1964 Reviews by tribunal about adoption lists, expression of interest register, assessment register and assessments prov hdg amd 2000 No. 59 s 151 sch 1; 2002 No. 21 s 13(1) s 14D ins 1996 No. 51 s 84 sch 1 amd 1999 No. 3 s 3 sch; 2000 No. 59 s 151 sch 1; 2002 No. 21 s 13(2) Notice of intention to make adoption order s 15 amd 1999 No. 3 s 3 sch Discharge of adoption orders s 16 amd 1974 No. 57 s 8 sch; 1981 No. 42 s 3; 1999 No. 3 s 3 sch; 2002 No. 21 s 3 sch 1 Division 2—Adoption lists, expression of interest register and assessment register div hdg sub 1983 No. 26 s 14; 2002 No. 21 s 14 Keeping of adoption lists, expression of interest register and assessment register prov hdg sub 2002 No. 21 s 15(1) s 17 sub 1983 No. 26 s 14 (amd 1986 No. 35 s 25) amd 1999 No. 3 ss 12, 3 sch; 2002 No. 21 s 15(2)–(8) Matters to be considered if general consent given, or dispensed with, for adoption of child other than a special needs child prov hdg sub 2002 No. 21 s 16(1) s 18 sub 1983 No. 26 s 15 (amd 1986 No. 35 s 26; 1987 No. 6 s 4(a)–(b)) amd 1999 No. 3 s 3 sch; 2002 No. 21 s 16(2)–(3) Placement of children with indigenous or ethnic backgrounds s 18A ins 1983 No. 26 s 15 (amd 1986 No. 35 s 26; 1987 No. 6 s 4(c)) amd 1999 No. 3 s 3 sch Division 2A—Intercountry adoptions div hdg ins 1999 No. 3 s 13 Definition of application for div 2A s 18AA ins 2002 No. 21 s 17 Operation of pt 3 not limited s 18B ins 1999 No. 3 s 13 Adoption of a child from Queensland by a person habitually resident in a convention country s 18C ins 1999 No. 3 s 13 Adoption of a child from a convention country by a person habitually resident in Queensland s 18D ins 1999 No. 3 s 13 Consents of parents and guardians required to adoptions s 19 amd 1965 No. 42 s 154 sch 2; 1978 No. 30 s 14 sch; 1979 No. 22 s 3; 1990 No. 8 s 10; 1999 No. 3 s 3 sch; 1999 No. 10 s 205 sch 3; 2000 No. 46 s 3 sch; 2009 No. 29 s 348 Giving of consents s 20 amd 1983 No. 26 s 16 (amd 1986 No. 35 s 27); 1999 No. 10 s 205 sch 3; 2002 No. 21 s 3 sch 1

125 Adoption of Children Act 1964 Consents given under law of another State or of a Territory of the Commonwealth s 21 amd 1999 No. 3 s 3 sch Revocation of consents s 22 amd 1999 No. 3 s 3 sch Form of consents s 23 amd 1983 No. 26 s 16A (amd 1986 No. 35 s 28); 1999 No. 3 s 3 sch Defective consents s 24 amd 1994 No. 15 s 3 sch 2; 1999 No. 3 s 3 sch; 2001 No. 7 s 302 sch 2 Court may dispense with consents s 25 amd 1983 No. 26 s 17 (amd 1986 No. 35 s 29); 1999 No. 3 s 3 sch; 2000 No. 46 s 3 sch; 2002 No. 21 s 3 sch 1 Consent not required in certain circumstances s 25A ins 1979 No. 22 s 4 amd 1986 No. 35 s 6; 1990 No. 8 s 11; 1999 No. 3 s 3 sch Consent of child s 26 amd 1983 No. 26 s 18 (amd 1986 No. 35 s 30); 1999 No. 3 s 3 sch Provisions concerning court’s jurisdiction—appeals s 26A ins 1983 No. 26 s 19 (amd 1986 No. 35 s 31) amd 1999 No. 19 s 3 sch; 2000 No. 46 s 3 sch; 2003 No. 19 s 3 sch Guardianship of child awaiting adoption s 27 amd 1965 No. 42 s 154 sch 2 sub 1972 No. 17 s 3 amd 1983 No. 26 s 20; 1999 No. 3 s 3 sch; 1999 No. 10 s 205 sch 3; 2000 No. 46 s 3 sch Register of children for adoption s 27A ins 1983 No. 26 s 21 (amd 1986 No. 35 s 32; 1987 No. 6 s 5) amd 1999 No. 3 s 3 sch; 2000 No. 46 s 3 sch Renunciation of guardianship of child to be adopted in another State or Territory s 27B (prev s 27A) ins 1972 No. 17 s 4 renum 1983 No. 26 s 22 amd 1999 No. 3 s 3 sch; 2002 No. 21 s 3 sch 1 Chief executive may enter into arrangements prov hdg amd 1999 No. 3 s 3 sch s 27C ins 1990 No. 8 s 12 amd 1999 No. 3 s 3 sch General effect of adoption orders s 28 amd 1983 No. 26 s 23 (amd 1986 No. 35 s 33) Effect of orders as regards dispositions of property etc. s 29 amd 1967 No. 14 s 4 Bequest by will to unascertained adopted persons s 29A ins 1990 No. 8 s 13 amd 1999 No. 3 s 3 sch; 2009 No. 29 s 349

126 Adoption of Children Act 1964 Names of adopted child s 30 amd 1999 No. 3 s 3 sch Effect of order on domicile s 31 om 1981 No. 42 s 4 Making of interim orders s 33 amd 1983 No. 26 s 24 (amd 1986 No. 35 s 34); 1999 No. 3 s 3 sch Duration of interim orders s 34 amd 1999 No. 3 s 3 sch Effect of interim orders on child protection orders s 34A ins 1999 No. 10 s 205 sch 3 Discharge of interim orders s 35 amd 1965 No. 42 s 154 sch 2; 1983 No. 26 s 25; 1989 No. 103 s 3 sch; 1999 No. 3 s 3 sch; 1999 No. 10 s 205 sch 3 PART 4—RECOGNITION OF ADOPTIONS AND RELATED MATTERS pt hdg sub 1999 No. 3 s 14 Division 1—Recognition of interstate and foreign adoptions div hdg ins 1999 No. 3 s 14 Definition s 36 om 1999 No. 3 s 15 Recognition of Australian and New Zealand adoptions prov hdg amd 1972 No. 17 s 5(a) s 37 amd 1972 No. 17 s 5(b) Recognition of adoptions granted in convention countries s 37A ins 1999 No. 3 s 16 Recognition of adoptions granted in non-convention countries prov hdg sub 1999 No. 3 s 17(1) s 38 amd 1972 No. 17 s 6; 1981 No. 42 s 5; 1990 No. 8 s 14; 1999 No. 3 s 17(2)–(6) Division 2—Simple adoptions div 2 (ss 38AA–38AD) ins 1999 No. 3 s 18 Division 3—Other matters concerning foreign adoptions div hdg ins 1999 No. 3 s 19 Chief executive to have limited supervision of adopted children prov hdg amd 1999 No. 3 s 3 sch s 38A ins 1981 No. 42 s 6 amd 1999 No. 3 s 3 sch; 2000 No. 46 s 3 sch Declarations of validity of foreign adoptions s 39 amd 1981 No. 42 s 7; 1999 No. 3 ss 20, 3 sch PART 4A—ACCESS TO IDENTIFYING INFORMATION pt hdg ins 1986 No. 35 s 7 sub 1990 No. 8 s 15

127 Adoption of Children Act 1964 Interpretation 39A ins 1986 No. 35 s 7 def “adopted person” amd 1990 No. 8 s 16(b) def “adoptive parent” amd 1989 No. 103 s 3 sch def “register” om 1990 No. 8 s 16(a) def “relative” sub 1990 No. 8 s 16(c) amd 2000 No. 46 s 3 sch Objections s 39AA ins 1990 No. 8 s 17 sub 1991 No. 2 s 6(1) amd 1999 No. 3 s 3 sch; 2000 No. 46 s 3 sch Disclosure of certain information s 39B ins 1986 No. 35 s 7 (amd 1987 No. 32 s 69(1) sch) sub 1990 No. 8 s 18 amd 1991 No. 2 s 7; 1999 No. 3 s 3 sch; 2000 No. 46 s 3 sch Entitlement to certain records etc. s 39C ins 1986 No. 35 s 7 sub 1990 No. 8 s 18 amd 1991 No. 2 s 8; 1999 No. 3 s 3 sch; 2002 No. 74 s 8; 2003 No. 77 s 11 Offence to contact etc. s 39D ins 1986 No. 35 s 7 sub 1990 No. 8 s 18 amd 1991 No. 2 s 9 Counsellors s 39E ins 1986 No. 35 s 7 sub 1990 No. 8 s 18 amd 1999 No. 3 s 3 sch Crown, etc., not liable s 39F ins 1986 No. 35 s 7 sub 1990 No. 8 s 18 om 1991 No. 2 s 10 Arrangement of reunions s 39G ins 1986 No. 35 s 7 om 1990 No. 8 s 18 Arrangement of reunions in absence of adoptive parents’ particulars s 39H ins 1986 No. 35 s 7 om 1990 No. 8 s 18 Modes of reunion s 39I ins 1986 No. 35 s 7 om 1990 No. 8 s 18 Court orders affecting matters within purview of this part s 39J ins 1986 No. 35 s 7 om 1990 No. 8 s 18

128 Adoption of Children Act 1964 Revocation of order under s 39J(2) s 39K ins 1986 No. 35 s 7 om 1990 No. 8 s 18 Territorial application of part s 40 amd 1990 No. 8 s 19 Communication etc. by natural parent with adopted child prov hdg sub 1990 No. 8 s 20(a) s 41 sub 1972 No. 17 s 7 amd 1983 No. 26 s 26; 1986 No. 35 s 10; 1990 No. 8 s 20(b)–(c); 1999 No. 3 s 3 sch; 2000 No. 46 s 3 sch Harbouring child taken from adopters s 42 amd 1972 No. 17 s 12; 1986 No. 35 s 10 Payments in consideration of adoptions etc. s 43 amd 1972 No. 17 s 12; 1986 No. 35 s 10; 1999 No. 3 s 3 sch Restrictions on advertising s 44 amd 1972 No. 17 s 12; 1986 No. 35 s 10; 1999 No. 3 s 3 sch Restrictions on publication of identity of parties s 45 amd 1972 No. 17 s 12; 1983 No. 26 s 27 (amd 1986 No. 35 s 35); 1986 No. 35 s 10; 1990 No. 8 s 21; 1999 No. 3 s 3 sch; 2002 No. 21 s 3 sch 1 Penalty for making unauthorised arrangements s 46 amd 1972 No. 17 s 12; 1986 No. 35 s 10; 1999 No. 3 s 3 sch; 2002 No. 21 s 3 sch 1 False statements s 47 amd 1972 No. 17 s 12; 1986 No. 35 s 10 Use of certified copy or extract s 47A ins 2002 No. 74 s 9 om 2003 No. 77 s 12 Personation s 48 amd 1972 No. 17 s 12 sub 1986 No. 35 s 8 Presenting forged documents s 49 amd 1972 No. 17 s 12 sub 1983 No. 26 s 28 (amd 1986 No. 35 s 36) amd 1999 No. 3 s 3 sch; 2002 No. 21 s 3 sch 1 Improperly witnessing consent to adoption s 50 amd 1972 No. 17 s 12; 1986 No. 35 s 10 Undue influence s 50A ins 1983 No. 26 s 29 (amd 1986 No. 35 s 37) General penalty s 53 amd 1972 No. 17 s 12 sub 1986 No. 35 s 9 amd 1990 No. 8 s 22

129 Adoption of Children Act 1964 Registration of orders s 54 amd 1999 No. 3 s 3 sch Certified copy or extract s 55A ins 2002 No. 74 s 10 amd 2003 No. 77 s 13 Sending of memoranda of orders to other places prov hdg amd 1972 No. 17 s 8(a) s 56 amd 1972 No. 17 s 8(b); 1999 No. 3 s 21 Particulars of orders received from other States and countries s 57 sub 1972 No. 17 s 9 Assistance to adopters and adopted children s 57A ins 1981 No. 42 s 8 amd 1999 No. 3 s 3 sch Hearings to be in camera s 58 sub 1983 No. 26 s 30 (amd 1986 No. 35 s 38) Confidentiality s 59 sub 1972 No. 17 s 10 amd 1983 No. 26 s 31 (amd 1986 No. 35 s 39; 1987 No. 6 s 6; 1987 No. 32 s 69(1) sch); 1999 No. 3 s 3 sch; 2000 No. 59 s 151 sch 1 Protection of persons prov hdg amd 1983 No. 26 s 32(a) (amd 1986 No. 35 s 40) s 59A ins 1972 No. 17 s 11 amd 1983 No. 26 s 32(b)–(d) (amd 1986 No. 35 s 40); 1999 No. 3 s 3 sch; 2000 No. 46 s 3 sch; 2002 No. 21 s 3 sch 1 Disclosure of information authorised in certain cases s 59B ins 1979 No. 22 s 5 sub 1981 No. 42 s 9 amd 1987 No. 32 s 69(1) sch; 1999 No. 3 s 3 sch Disclosure of criminal histories s 59C ins 1986 No. 35 s 11 (amd 1987 No. 32 s 69(1) sch) amd 1999 No. 3 s 3 sch Chief executive may obtain or disclose non-identifying medical information s 59D ins 2009 No. 29 s 350 Proof of adoptions s 60 amd 1999 No. 3 s 22 Judicial notice of signatures s 61 amd 1965 No. 42 s 154 sch 2; 1987 No. 32 s 69(1) sch; 1988 No. 47 s 3(1) sch 1; 1999 No. 3 s 23 Deputy director s 62 amd 1965 No. 42 s 154 sch 2 om 2002 No. 21 s 18

130 Adoption of Children Act 1964 Engagement of agents s 62A ins 1986 No. 35 s 12 amd 1990 No. 8 s 23; 1999 No. 3 s 3 sch Parties to applications under Act s 63 sub 1983 No. 26 s 33 (amd 1986 No. 35 s 41) amd 1990 No. 8 s 24 Practice and procedure upon applications s 64 sub 1986 No. 35 s 13 Regulation-making power prov hdg sub 1999 No. 3 s 24(1) s 65 amd 1981 No. 42 s 10; 1983 No. 26 s 34 (amd 1986 No. 35 s 42; 1987 No. 6 s 7; 1987 No. 32 s 69(1) sch); 1990 No. 8 s 25; 1999 No. 3 ss 24(2)–(3), 3 sch; 2000 No. 59 s 151 sch 1; 2002 No. 21 s 19 Publication of proclamations etc. s 66 om 1999 No. 3 s 25 Service of documents s 67 ins 1983 No. 26 s 35 Meaning of “spouse” s 67A ins 2002 No. 74 s 90 sch PART 7—SAVINGS pt hdg ins 1999 No. 3 s 26 Division 1—Provision for Adoption of Children Act 1964, Act No. 54 of 1964 div hdg ins 1999 No. 3 s 26 Savings s 68 (prev s 5) amd 1967 No. 14 s 3; R1 (see RA s 40) reloc and renum 1999 No. 3 s 5 Division 2—Provision for Adoption of Children (Hague Convention on IntercountryAdoption) Amendment Act 1999 div 2 (s 69) ins 1999 No. 3 s 27 Division 3—Provisions for Adoption of Children Amendment Act 2002 div 3 (ss 70–75) ins 2002 No. 21 s 20 Division 4—Provision for Adoption Act 2009 div 4 (s 76) ins 2009 No. 29 s 351 SCHEDULE—HAGUE CONVENTION ins 1999 No. 3 s 28 SCHEDULE 1—REPEAL om R1 (see RA s 40) SCHEDULE 2—PROVISIONS CONCERNING THE ADOPTIONS APPEALS TRIBUNAL ins 1983 No. 26 s 36 (amd 1986 No. 35 s 43; 1987 No. 32 s 69(1) sch) amd 1989 No. 103 s 3 sch; 1990 No. 8 s 26 om 1996 No. 51 s 84 sch 1

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