QLDIn ForceAct
Adoption Act 2009
sec.138Preparation of report
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### sec.138 Preparation of report
This section applies if—
the person was assessed after making an application under part 5 ; and
the decision is that the person is suitable.
The chief executive must prepare a report for the Childrens Court stating—
that the person has been assessed as suitable; and
whether the chief executive considers—
an order for the child’s adoption by the person would better serve the child’s interests than an order under the Family Law Act 1975 (Cwlth) , any other court order or no court order; and
there are exceptional circumstances that warrant the making of the order.
In deciding a matter under subsection (2) (b) , the chief executive must consider—
the circumstances in which the child came to be living with the person; and
the likely effect on the child, both through childhood and the rest of his or her life, of permanently ending the parent-child relationship between the child’s biological parents and the child (even if the biological parents are no longer living) or another parent-child relationship that would be ended by the making of an adoption order.
The chief executive must give the person a copy of the report.
The report remains current for 1 year after the day it is given to the person.
In this section—
suitable means suitable to be an adoptive parent of the child whom the person wishes to adopt.
s 138 amd 2016 No. 57 s 26
(sec.138-ssec.1) This section applies if— the person was assessed after making an application under part 5 ; and the decision is that the person is suitable.
(sec.138-ssec.2) The chief executive must prepare a report for the Childrens Court stating— that the person has been assessed as suitable; and whether the chief executive considers— an order for the child’s adoption by the person would better serve the child’s interests than an order under the Family Law Act 1975 (Cwlth) , any other court order or no court order; and there are exceptional circumstances that warrant the making of the order.
(sec.138-ssec.3) In deciding a matter under subsection (2) (b) , the chief executive must consider— the circumstances in which the child came to be living with the person; and the likely effect on the child, both through childhood and the rest of his or her life, of permanently ending the parent-child relationship between the child’s biological parents and the child (even if the biological parents are no longer living) or another parent-child relationship that would be ended by the making of an adoption order.
(sec.138-ssec.4) The chief executive must give the person a copy of the report.
(sec.138-ssec.5) The report remains current for 1 year after the day it is given to the person.
(sec.138-ssec.6) In this section— suitable means suitable to be an adoptive parent of the child whom the person wishes to adopt.
- (a) the person was assessed after making an application under part 5 ; and
- (b) the decision is that the person is suitable.
- (a) that the person has been assessed as suitable; and
- (b) whether the chief executive considers— (i) an order for the child’s adoption by the person would better serve the child’s interests than an order under the Family Law Act 1975 (Cwlth) , any other court order or no court order; and (ii) there are exceptional circumstances that warrant the making of the order.
- (i) an order for the child’s adoption by the person would better serve the child’s interests than an order under the Family Law Act 1975 (Cwlth) , any other court order or no court order; and
- (ii) there are exceptional circumstances that warrant the making of the order.
- (i) an order for the child’s adoption by the person would better serve the child’s interests than an order under the Family Law Act 1975 (Cwlth) , any other court order or no court order; and
- (ii) there are exceptional circumstances that warrant the making of the order.
- (a) the circumstances in which the child came to be living with the person; and
- (b) the likely effect on the child, both through childhood and the rest of his or her life, of permanently ending the parent-child relationship between the child’s biological parents and the child (even if the biological parents are no longer living) or another parent-child relationship that would be ended by the making of an adoption order.