Adoption Law

 A report by the Australian Institute of Health and Welfare  released in December 2015 has found just 292 adoptions were finalised in 2014-2015 Australia wide, the lowest on record and a fall of 8 per cent on the year prior.  It’s also a fall of 74 per cent from the 1,142 adoptions 25 years ago.

Due to the lengthy adoption processes, Adoption rates in Queensland have almost halved in the past decade, with the Brisbane Times reporting only 34 children legally becoming adopted children in Queensland.  Of the 34 adoptions in Queensland, 15 came from overseas.

Foster Care

Recent law reforms in New South Wales have led to increased facilitated adoptions by foster carers to ensure permanent and stable home environments for the child. According to the Australian Institute of Health and Welfare report in 2015,  New South Wales had 108 adoptions by carers  in 2014-2015 , compared to just 9 in Queensland.

Meanwhile, in 2014,  11,341 children were considered at risk and were subsequently removed from neglectful and violent homes nationwide. Some of whom are now living in foster care, moving from home to home depending on the Temporary Orders the court makes with respect to the ability of the parents or other care-givers to provide care for the child/children.

Application Process

The Application process is long and tedious. It is also confusing and difficult to comprehend at times.

The Adoption Act 2009 commenced on 1 February 2010 was a major reform to adoption legislation in Queensland. Section 6(2)(b) of the Adoption Act 2009 (Qld) states that adoption is an appropriate long-term care option for a child if:

(i) a child’s parents choose adoption for the child’s long-term care; or

(ii) the child does not have a parent who is willing and able to protect the child from harm and meet the child’s need for long-term stable care.

At Simon&Co Lawyers, we are passionate about the best interests of the child. If you are considering an Application for Adoption in Queensland, call us for assistance.