Queensland Consolidated Acts

ADOPTION ACT 2009 - SECT 41

41 Discharge of dispensation order if relevant parent not served with application

(1) This section applies if—

(a) the court makes an order dispensing with the need for the relevant parent’s consent (the
"dispensation order" ); and

(b) a copy of the application for the dispensation order was not served on the relevant parent.

(2) The relevant parent or the chief executive may apply to the court to discharge the dispensation order.

(3) The applicant must serve a copy of the application on each party to the proceeding for the dispensation order.

(4) The court may discharge the dispensation order if—

(a) an adoption order for the child has not been made; and

(b) the court is satisfied the ground on which the dispensation order was made under section 39 (1) does not apply.

(5) The discharge of the dispensation order does not affect a consent given by anyone else to the child’s adoption unless the court decides otherwise.