Queensland Consolidated Acts

ADOPTION ACT 2009 - SECT 265

265 Request by birth parent

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

(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 person—

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

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

(iii) each address of the person, but only with the person’s written consent;

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

(c) a prescribed document.

(3) If the adopted person has died or the chief executive can not locate the adopted person after making all reasonable enquiries, an adult relative of the person may give the consent required under subsection (2) .

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

(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 adopted person and all adult relatives of the adopted person have died.

• An adult relative of the adopted person unreasonably withholds consent.