Queensland Consolidated Acts

ADOPTION ACT 2009 - SECT 29

29 Declaration of QCAT whether an adult parent has capacity to consent

(1) This section applies to an adult parent of the child if—

(a) a counsellor under section 24 notifies the chief executive that the counsellor reasonably suspects the parent does not have capacity to consent to the adoption; or

(b) the chief executive otherwise knows or reasonably suspects the parent does not have capacity to consent to the adoption.

(2) Before the parent may consent to the adoption, the chief executive must apply to QCAT for a declaration about the parent’s capacity to give the consent.

Note—

See the Guardianship and Administration Act 2000 , section 146 .

(3) However, if the parent is not in Queensland at the time the parent’s consent is proposed to be given, the chief executive must take the following steps instead of making an application under subsection (2) —

(a) if it is possible for the chief executive to make an application, equivalent to an application mentioned in subsection (2) , in the jurisdiction where the parent is, the chief executive must make that application;

(b) otherwise, the chief executive must ensure a qualified person assesses whether the parent has capacity to give the consent.