Consent to adoption
After considering the issues and all available options, if birth parents decide that adoption is the best way to secure a permanent family for their child, they are required to formally consent to their child's adoption.
Before giving consent
Before birth parents give consent for their child to be adopted, the following needs to happen:
- All parents are required to register their child's birth as soon as possible after the child has been born.
- A parent cannot consent to the adoption of their child until at least six days after the child's birth. In practice, consents are not normally taken until several weeks after the child's birth.
- An authorised departmental officer must explain to the birth parents the implications of consenting to the adoption and the effect of making an Adoption Order.
Parents considering adoption for their child can arrange for their child to be placed with approved departmental care providers while they receive pre-adoption consent counselling.
How is consent governed?
The Adoption of Children Act 1964 states that where the parents are not married, the mother and any guardian's consent to the adoption of a child is required. Where the parents were married at the child's conception, or have since married, the consent of both birth parents and any guardian required. The Act defines 'guardian' as a person deemed to be the custodian of the child under Commonwealth law.
When a parent or guardian commences the process of securing a permanent family for their child by adoption an adoption officer will review with the applicant the consents that are required in each individual case, and relevant to their particular circumstances. In the case that a legal consent is not required by a birth parent the Department will endeavour to take into account the view of that party.
After giving consent
The Adoption of Children Act enables birth parents to express preferences about the type of adoptive parents and adoptive family they would like their child to be placed with. Parents' preferences must be considered when selecting a suitable adoptive family for a child.
Parents are also asked to provide as much detailed information as possible about their family and medical history for their child's future information. This information is written in a non-identifying format and is provided to adoptive parents at the time the child is placed with them.
Parents can also decide whether or not they want to participate in the voluntary exchange of non-identifying correspondence with the child's adoptive parents, after the making of an Adoption Order.
Revoking consent
After consenting to the adoption of their child, birth parents are advised that they have 30 days in which they can revoke their consent. Parents can choose to have contact with their child during the 30 day period.
Parents are given a revocation form which they can complete if they choose to revoke their consent to the child's adoption. If parents decide that they want to revoke their consent to their child's adoption, they must advise our Adoption Services Queensland Unit of their decision and forward the completed form.
If parents revoke their consent, arrangements are made for the child to return to their birth parents.
Further information
For further information about placing a child for adoption in Queensland, contact our Adoption Services Queensland Unit.
- Last updated
- 19 October 2007