Adoption and Other Legislation Amendment Bill 2016

Overview

This bill modernises Queensland's adoption laws after a five-year statutory review. It opens adoption to same-sex couples, single people and people undergoing fertility treatment, improves access to adoption records (including information about possible birth fathers), and removes an old criminal offence for breaching pre-1991 contact statements. It also tightens the step-parent adoption process and allows in-person contact between adopted children and their birth families during interim orders.

Who it affects

Adopted people, birth parents and prospective adoptive parents — especially same-sex couples, single people and those in fertility treatment who were previously ineligible. Step-parents seeking to adopt, and adopted people from pre-1991 adoptions looking to access records, are also directly affected.

Key changes

• Same-sex couples, single people and people undergoing fertility treatment can now apply to be adoptive parents
• The two-year relationship and cohabitation requirement for couples is removed
• Adopted people can now get information about a possible biological father even if he doesn't meet the strict legal definition
• The criminal offence (up to 2 years jail or 100 penalty units) for breaching a pre-June 1991 contact statement is abolished
• Courts must keep an adopted child's existing first name unless there are 'exceptional circumstances'
• Step-parents must apply for a final adoption order within one year of getting their suitability report
• The definition of 'relative' now includes grandparents, grandchildren, and kin recognised under Aboriginal tradition and Torres Strait Island custom