Adoption of Children Act 1964
The Adoption of Children Act 1964 is the key legislation governing adoption of children in Queensland. This act is available for download in full.
The following outline indicates key parts of the legislation:
- Part 1 explains:
- the purpose of the legislation
- preservation of the inherent jurisdiction of the Supreme Court
- terms used in the Act
- 'convention countries' under the Act.
- Part 2 covers jurisdictions concerning adoptions, including:
- adoption by order of the chief executive (Director-General)
- nexus with Queensland (where parents and child are located)
- rules of private international law not relevant
- Part 3 covers adoptions under the Act, including:
- general provisions for adoption (Division 1)
- expressions of interest in and applications for adoption, assessment of prospective adopters and related matters (Division 1A)
- keeping of adoption lists, expression of interest register and assessment register (Division 2)
- intercountry adoptions (Division 2A)
- consents to adoptions (Division 3)
- the effect of adoption orders (Division 4)
- the making of interim orders (Division 5)
- Part 4 covers recognition of adoptions and related matters, including:
- recognition of interstate and foreign adoptions (Division 1)
- simple adoptions (Division 2)
- other matters concering foreign adoptions (Division 3)
- Part 4A covers access to identifying information, including:
- definition of key terms
- objections to release of information and to contact
- disclosure of certain information
- entitlement to certain records
- offence to contact
- power to appoint counsellors
- Part 5 covers offences under the Act, including:
- communication etc. by natural parent with adopted child
- harbouring child taken from adopters
- payments in consideration of adoptions etc.
- restrictions on advertising
- restrictions on publication of identity of parties
- penalty for making unauthorised arrangements
- false statements
- personation (false representation)
- presenting forged documents
- improperly witnessing consent to adoption
- undue influence
- authority to prosecute
- summary proceedings
- penalty for offences
- Part 6 covers miscellaneous provisions of the Act, including:
- registration of adoption orders
- the Adopted Children Register
- notifying other jurisdictions
- confidentiality.
- Part 7 covers the impact of this Act on other legislation and existing orders at the time the legislation was enacted.
- The Hague Convention dealing with intercountry adoption is included as a schedule to the Act.
- Last updated
- 30 May 2007
