Queensland Consolidated Acts

ADOPTION ACT 2009 - SECT 214

214 Effect on relationships

(1) This section applies on the making of a final adoption order for the adoption of a child (the
"adopted child" ) by a person (the
"adoptive parent" ).

(2) The adopted child becomes a child of the adoptive parent and the adoptive parent becomes a parent of the adopted child.

(3) The adopted child stops being a child of a former parent and a former parent stops being a parent of the adopted child.

(4) Other relationships are determined in accordance with subsections (2) and (3) .

(5) A former guardian stops being a guardian of the adopted child.

(6) A former adoption order stops having effect.

(7) Despite subsections (3) to (6) , if the final adoption order is for the adopted child’s adoption by the spouse of a parent of the adopted child, the relationship between the adopted child and that parent is not affected.

(8) Also despite subsections (3) to (6) , for the purpose of a law relating to a sexual offence for which relationships are relevant, a former relationship continues, despite the final adoption order, in addition to other relationships created by the order.

(9) This section applies subject to another law that expressly distinguishes between adopted children and other children.

(10) In this section—

"former adoption order" means an order for the adoption of the adopted child, made under this Act or another law of Queensland or another jurisdiction, in force immediately before the making of the final adoption order.

"former guardian" means a person who was a guardian of the adopted child immediately before the making of the final adoption order.

"former parent" means a person who was a parent of the adopted child immediately before the making of the final adoption order.

"former relationship" means a relationship between the adopted child and another person that existed immediately before the making of the final adoption order.

Note—

This section deals with the legal effect of a final adoption order on an adopted child’s relationship to other persons. See section 6 (2) (j) for a guiding principle about the continuance of emotional connections and interactions with birth family members.