Queensland Consolidated Acts

ADOPTION ACT 2009 - SECT 256

256 Request by, or on behalf of, adopted child

(1) Either of the following persons (the
"applicant" ) may ask the chief executive for pre-adoption information about the adopted child—

(a) an adoptive parent of the adopted child;

(b) the adopted child, but only with the consent of an adoptive parent.

(2) The chief executive may give information in compliance with the request only if written consent is given by each birth parent who is identified by the information.

(3) A birth parent is taken to have given consent for subsection (2) if the birth parent has asked for, and received, information about the adopted child under section 257 .

(4) Subject to subsection (2) , the chief executive must comply with the request by giving the applicant any of the following held by the chief executive—

(a) the adopted child’s name before the adoption;

(b) a prescribed document;

(c) in relation to a birth parent of the adopted child—

(i) the birth parent’s name at the time of the adoption;

(ii) the birth parent’s date of birth;

(iii) the birth parent’s last known name;

(iv) each address of the birth parent;

(d) in relation to any other adopted person who is an adult and who has at least 1 birth parent who is also a birth parent of the adopted child—

(i) the person’s date of birth;

(ii) the person’s name immediately after the person’s adoption;

(iii) if the person’s last known name is different from the person’s name immediately after the person’s adoption—the person’s last known name, but only with the person’s written consent;

(iv) each address of the person, but only with the person’s written consent.

(5) If a birth parent gives consent, it may relate to all the information under subsection (4) or to all the information other than the birth parent’s last known name and address.

(6) If a person’s consent is required under subsection (2) or (4) and either of the following applies, an adult relative of the person may give the consent—

(a) the person has died;

(b) the chief executive can not locate the person after making all reasonable enquiries.

(7) If a person’s consent is required under subsection (2) or (4) but the person does not have capacity to consent, a guardian or adult relative of the person may give the consent.

(8) A consent under subsection (1) (b) or (2) is not required if the chief executive considers, because of exceptional circumstances, the consent is not required.

Examples of exceptional circumstances—

• The person and all adult relatives of the person have died.

• An adult relative of the person unreasonably withholds consent.

(9) For subsection (8) , in considering whether the consent of a birth parent is not required, the chief executive may decide that the consent of the birth parent is not required in relation to—

(a) all the information under subsection (4) in relation to the birth parent; or

(b) all the information other than the birth parent’s last known name or any address of the birth parent.