Queensland Consolidated Acts

ADOPTION ACT 2009 - SECT 257

257 Request by birth parent

(1) A birth parent of the adopted child may ask the chief executive for information about the adopted child.

(2) The chief executive may give information in compliance with the request only if—

(a) written consent is given by an adoptive parent of the child; and

(b) the chief executive has considered the adopted child’s views, if the child is able to form and express views; and

(c) the chief executive is satisfied that giving the information is not likely to be contrary to the child’s wellbeing and best interests.

(3) An adoptive parent is taken to have given consent for subsection (2) if the adoptive parent has asked for, or given consent for the adopted child to ask for, information about the birth parent under section 256 and information was given under that section.

(4) Subject to subsection (2) , the chief executive must comply with the request by giving the birth parent any of the following held by the chief executive—

(a) in relation to the adopted child—

(i) the adopted child’s name immediately after the adoption;

(ii) the adopted child’s last known name;

(iii) each address of the adopted child;

(b) the name, at the time of the adoption, of an adoptive parent of the adopted child;

(c) a prescribed document.

(5) If an adoptive parent gives consent, it may relate to all the information under subsection (4) or to all the information other than the adopted child’s last known name or any address of the adopted child.

(6) If the adopted child no longer has an adoptive parent, a parent of the child at the time the request is made may give the consent.

(7) If an adoptive parent of the child does not have capacity to consent to the information being given, a guardian of the adoptive parent or a parent of the child at the time the request is made may give the consent.

(8) If a birth parent of the adopted child has died, an adult relative of the birth parent may make a request under subsection (1) in place of the birth parent.

(9) If a birth parent of the adopted child does not have capacity to ask for information, a guardian or adult relative of the birth parent may make a request under subsection (1) in place of the birth parent.

(10) In this section—

"parent" , of a child, includes the chief executive (child safety), or a corresponding officer in another jurisdiction, who is a guardian of the child.