Queensland Consolidated Acts

ADOPTION ACT 2009 - SECT 263

263 Request by adopted person

(1) The adopted person may ask the chief executive for pre-adoption information about the person.

(2) The chief executive must comply with the request by giving the person any of the following held by the chief executive—

(a) the person’s name before the adoption;

(b) a prescribed document;

(c) in relation to a birth parent of the person—

(i) the birth parent’s name at the time of the adoption;

(ii) the birth parent’s date of birth;

(iii) if the birth parent’s last known name is different from the birth parent’s name at the time of the adoption—the birth parent’s last known name, but only with the birth parent’s written consent;

(iv) each address of the birth parent, but only with the birth parent’s written consent;

(d) in relation to any other adopted person who is an adult and who has at least 1 birth parent who is also a birth parent of the first adopted person—

(i) the person’s date of birth;

(ii) the person’s name immediately after the person’s adoption;

(iii) if the person’s last known name is different from the person’s name immediately after the person’s adoption—the person’s last known name, but only with the person’s written consent;

(iv) each address of the person, but only with the person’s written consent.

(3) If a person’s consent is required under subsection (2) and either of the following applies, an adult relative of the person may give the consent—

(a) the person has died;

(b) the chief executive can not locate the person after making all reasonable enquiries.

(4) If a person’s consent is required under subsection (2) but the person does not have capacity to consent, a guardian or adult relative of the person may give the consent.

(5) A consent under subsection (2) is not required if the chief executive considers, because of exceptional circumstances, the consent is not required.

Examples of exceptional circumstances—

• The person and all adult relatives of the person have died.

• An adult relative of the person unreasonably withholds consent.