Adoption in Queensland

Legal Advice on Adoption in Queensland

Adoption is a life-changing decision that creates a permanent legal relationship between a child and their adoptive parents. In Queensland, the Department of Child Safety, Seniors and Disability Services manages the adoption process under the Adoption Act 2009 and Adoption Regulation 2009, with the primary goal of ensuring the child’s best interests are met.

No Private Adoption

All adoptions in Queensland must be facilitated through the government. Private arrangements are not legal, ensuring each placement meets strict safety, legal, and ethical standards.


Understanding the Adoption Pathway

Adoption in Queensland is carefully structured to prioritise the long-term wellbeing of children. From the initial expression of interest to final court approval, each step involves rigorous assessments to ensure adoptive families are suitable and stable. Applicants should also familiarise themselves with adoption generally in Australia and intrafamily adoption in Queensland to understand alternative adoption pathways and considerations.

Eligibility Criteria

To begin the adoption process, applicants must meet several core requirements:

  • Age: Applicants must be aged between 25 and 51.
  • Residency: At least one applicant must be a Queensland resident and an Australian citizen or permanent resident.
  • Relationship: Couples must have been in a stable de facto relationship or marriage for at least two years. Single applicants are considered on a case-by-case basis.
  • Health & Stability: Applicants must demonstrate sound physical and mental health and financial capacity to support a child.
  • Screening: All adult household members must undergo police, child protection, and Working with Children (Blue Card) checks.

These criteria help ensure a safe and supportive home for the child.


Overview of the Adoption Process

While timelines vary, the general adoption process in Queensland includes:

  1. Expression of Interest (EOI)
    Submit an EOI during scheduled intake periods. Not all applicants are selected due to limited placements.
  2. Assessment and Home Study
    Selected applicants undergo interviews, home visits, health checks, and background screening to evaluate suitability.
  3. Formal Application
    Once deemed suitable, applicants lodge a formal application, supported by detailed personal, medical, and legal documentation.
  4. Matching and Counselling
    Approved applicants may be matched with a child. Pre-placement counselling prepares the adoptive family for the transition.
  5. Supervised Placement
    A 12-month period where the child lives with the adoptive family under ongoing supervision and support.
  6. Final Adoption Order
    After the supervised period, the Family Court (and sometimes QCAT) grants the final order, completing the legal adoption process.

Each phase ensures the placement is right for both the child and the adoptive family.


Legal Rights and Responsibilities

Upon finalisation, adoptive parents gain full legal parental rights, including:

  • Decision-making authority over the child’s care, education, and health
  • Legal recognition as the child’s parents, including issuance of a new birth certificate
  • Inheritance rights for the adopted child
  • Ongoing financial and emotional responsibility for the child

It’s essential for adoptive parents to understand these rights and obligations to ensure long-term family security and legal clarity.

How We Can Help

If you’re thinking about adoption—whether as a prospective adoptive parent or as someone considering adoption for your child—it’s natural to feel uncertain about where to start. The process can be complex and emotionally challenging, but you don’t have to navigate it alone.

To speak with an adoption lawyer about your adoption pathway and how we can help bring stability and connection to your family’s future email us at hello@thefamilyvillage.com.au or make an appointment using the link.For more related posts and updates, you can visit our blog.

About The Family Village

The Family Village was founded by our leading Lawyer, Katie. Katie navigated her way through many years of IVF treatments (both the ups and the downs) to create her family. Unfortunately, after the birth of her second child, carrying her own children was no longer an option. Together with her husband, she went on a 5-year journey to find a surrogate. Their precious son Vinnie was born via surrogacy in 2022.
With a passion to assist and support others through their journey in creating a family, Katie established The Family Village. With 16 years legal experience, Katie provides legal advice and services, education, support and guidance to those on their journey to create a family, particularly in surrogacy arrangements.
Katie and her surrogate Sally, work side by side at The Family Village to support surrogates and intended parents alike. They have the benefit of walking in your shoes, from both sides of the story, which is a valuable asset.