Queensland Consolidated Acts

ADOPTION ACT 2009 - SECT 235

235 Separate legal representation of child

(1) This section applies in a proceeding on an application for an order under this Act.

(2) If the Childrens Court considers it is in the child’s best interests for the child to be separately represented by a lawyer, the court may—

(a) order that the child be separately represented by a lawyer; and

(b) make the other orders it considers necessary to secure the child’s separate legal representation.

(3) Without limiting subsection (2) , the court must consider making orders about the child’s separate legal representation if—

(a) the application for the order is contested by a birth parent; or

(b) the child opposes the application; or

(c) the application for the order is made under part 9 , division 4 ; or

(d) the court considers the child may be a child in need of protection under the Child Protection Act 1999 , section 10 .

(4) The lawyer must—

(a) act in the child’s best interests regardless of any instructions from the child; and

(b) as far as possible, present the child’s views and wishes to the court.

(5) In this section—

"child" means—

(a) the child whom it is proposed to adopt; and

(b) any birth parent who is not an adult.