Queensland Consolidated Acts

ADOPTION ACT 2009 - SECT 175

175 Consents and pre-consent counselling and information

(1) This section does not apply to a parent if the need for the parent’s consent to the child’s adoption has been dispensed with under section 39 .

(2) The court must not make an adoption order unless it is satisfied each parent has given consent to the adoption, under part 2 , at least 30 days before the making of the order.

(3) A court must not make an adoption order unless the following documents for each parent are produced to the court—

(a) a document, sworn by an officer of the department, stating that the officer gave a document containing the prescribed information to the parent under section 23 on a stated day;

(b) a document, sworn by a counsellor, stating that the counsellor counselled the parent under section 24 on a stated day or days;

(c) if the parent is not an adult or section 29 (3) (b) applies—a document, sworn by a qualified person, stating that—

(i) the qualified person assessed the parent on a stated day or days; and

(ii) in the qualified person’s opinion, the parent had capacity to give the consent;

(d) if section 29 (2) applies to the parent—a declaration by QCAT that the parent has capacity to give the consent;

(e) if the chief executive made an application mentioned in section 29 (3) (a) —a declaration made on the application that the parent has capacity to give the consent.

(4) Subsections (2) and (3) do not apply to the making of a final adoption order if an interim order is in force for the child.

(5) Also, subsection (3) does not apply to a parent for whom a complying interstate consent under section 42 is in force.

(6) This section does not apply to an intercountry adoption.