Queensland Consolidated Acts

ADOPTION ACT 2009 - SECT 44

44 Child must be given information

(1) The chief executive must ensure the child is given the prescribed information before an application for an adoption order for the child is made.

(2) The information must be given in a way and to an extent that is reasonable, having regard to the child’s age and ability to understand.

(3) In this section—

"prescribed information" means information about the following matters—

(a) options other than adoption for the child’s long-term care;

(b) possible psychological effects for the child, both short and long-term, of being adopted;

(c) how the child’s parents may give the chief executive their preferences relating to the child’s adoption including, for example, preferences about—

(i) the child’s religious upbringing; or

(ii) the characteristics of the child’s adoptive parents and adoptive family; or

(iii) the degree of openness in the adoption;

(d) the adoption process under this Act, including—

(i) the consents required for an adoption; and

(ii) the process for recruiting, assessing and selecting prospective adoptive parents; and

(iii) the chief executive’s functions and powers relating to the child’s adoption; and

(iv) the role of the Childrens Court;

(e) support that may be available to the child under sections 47 , 235 and 236 ;

(f) the legal effect of adoption;

(g) the rights and responsibilities of the parties to an adoption, including those relating to—

(i) adoption plans; and

(ii) access to information about, and contact with, other parties to an adoption throughout the life of the adopted person;

(h) the requirement for counselling under section 45 and how it will be arranged;

(i) if the child to be adopted is an Aboriginal person or Torres Strait Islander—

(i) options other than adoption for the child’s long-term care in accordance with Aboriginal tradition or Island custom; and

(ii) the importance of the child being cared for in a way that—

(A) helps the child to develop and maintain a connection with the child’s Aboriginal tradition or Island custom; and

(B) preserves and enhances the child’s sense of Aboriginal or Torres Strait Islander identity;

(j) the guiding principles that—

(i) the child should be kept informed of matters affecting the child in a way and to an extent that is appropriate, having regard to the child’s age and ability to understand; and

(ii) the child’s views must be given consideration, having regard to the child’s age or ability to understand.