Persons Missing
Queensland
Jigsaw
Qld Website
URL: http://members.ozemail.com.au/~jigsaw/index.htm
"Jigsaw
was established in Australia and New Zealand during 1976. Jigsaw Queensland
was incorporated in 1988 after 10 years of operation. In that time we have
assisted over 17,000 people in their search for their biological heritage.
Jigsaw was instrumental in encouraging a change in state laws regarding
access to identifying information by lobbying politicians and running media
and public education campaigns. Fifty thousand adoptions have occurred
in Queensland since 1910"
Source: Jigsaw
Qld June 2002
Jigsaw Queensland
Inc.
P.O. Box 55,
Roma Street Qld 4003 Australia
Phone: 07-3875-1909
International:
+61 7-3875-1909
Fax: +61 7-3875-1161
Email: jigsaw@ozemail.com.au
"Jigsaw
Qld has support groups throughout Queensland. These groups are run by members
of the adoption community. The main General meeting is held on the first
Wednesday of the Month at Spring Hill, Brisbane.The general meeting starts
at 7.30pm and is open to all. Non-members are very welcome. Please contact
the Brisbane office for locations/numbers."
Due to
limited resources and legal requirements we can only act for financial
members over the age of 18 and for those where the adoption took place
within the state of Queensland, Australia. Jigsaw’s contact register has
over 17,000 people seeking knowledge about their biological heritage. When
Adopted Persons and Birth Parents are matched, Jigsaw corresponds with
each of the enquirers and if required will assist with the reunion and
provide counselling.
Source: Jigsaw
Qld June 2002
doption-
Jigsaw Queensland Inc.
Post Adoption
Resource Centre
PO Box 55
Roma QLD 4003
Phone: 07-3358-6666
Phone: 07-3254-0336
doption
Privacy Protection Group Inc.
PO Box 470
Stones Corner
QLD 4120
Phone: 07-3843-2388
If you want
a copy of the Act, you can find it here:
Queensland
ADOPTION OF CHILDREN ACT 1964
Reprinted
as in force on 7 March 2002
Adoption
of Children Act PDF File
doption
of Children Regulation 1999
Adopt
Child Reg 99 PDF
History
of Adoption
The Orphanages
Act 1879 focused on improving the management of institutions that provided
care for orphans and deserted or neglected children under the age of twelve
years.
Children could obtain a licence to live with any trustworthy and respectable
person willing to receive and take charge of them. This license was
granted for a period not exceeding six months and could be renewed or revoked
at any time. A child could also be contracted as an apprentice
to any trade or service for a period of up to five years. Children
subject to contracts were visited regularly by the authorities until they
reached sixteen years of age.
Whether children's placements were arranged by license or contract, children
over the age of twelve years were entitled to be paid wages, comparable
to the wages paid to any child in employment. Children granted a
licence or subject to a contract that enabled them to live with a family
did not have their names legally changed and were not entitled to inherit
from the family taking charge of them. These placements were often
privately arranged by parents and many children were raised outside their
own families without knowledge of their ‘adoptive’ status.
In order to prevent the exploitation of children as a source of cheap labour,
the maximum age at which children could be adopted was lowered to five
years in 1885.
The Infant
Life Protection Act 1905
The Infant Life Protection Act 1905 made provision for the adoption of
illegitimate children.
Before 1921, many "adoptions" were merely private arrangements.
A private agreement was signed by the parties concerned, with solicitors
making contracts or articles of adoption. In some instances, the
Police Department which administered the Infant Life Protection Act 1905
was notified that a child had been placed for adoption. After 1918,
adoptive parents had only to notify the Director, State Children Department,
which was still formalised by private agreement by the parties concerned.
In 1921, an amendment to the Infant Life Protection Act made provision
for the legal adoption of children under the age of ten years. This
meant that prospective adoptive parents were required to apply to the State
Children's Department which assessed applicants' circumstances, character
and suitability to adopt a child. Birth parents were required to
sign a consent form renouncing any legal claim upon the child. An
agreement of adoption was signed by the Director and the child's adoptive
parents, and was registered by the Registry of the Births, Deaths and Marriages.
The surname of the child became that of the adoptive parents. However,
legal rights of inheritance were not conferred by adoption.
The Adoption
of Children Act 1935
In 1935, the Adoption of Children Act 1935 was introduced after a study
of similar Acts in other countries. Adoption was made an administrative
procedure with the Director, State Children Department, having the authority
to make adoption orders. A child could be adopted up to twenty-one
years of age, but if over twelve years of age at the time of adoption,
the child’s consent was required. Adopted children were given
the same rights as a child born within a marriage, in terms of name, care,
custody and to some extent, rights of inheritance. The Act required
an Adoption Register to be kept by the Registrar-General with a note of
the adoption being made against adopted children's original birth entry.
The Act prescribed that information regarding a child's adoption could
be released only by Supreme Court order. The Adoption of Children
Act was later amended in 1941 and 1952.
The Adoption
of Children Act 1964
As a result of co-operation to establish uniform adoption laws throughout
Australia, Queensland introduced the Adoption of Children Act 1964.
Under this Act, the Director, Department of Children’s Services, continued
to be the sole authority to control and make adoption orders in the State.
Although private adoption agencies operated in other parts of Australia,
privately arranged adoptions became illegal in Queensland. Private
arrangements still took place if a child was to be adopted by a relative.
However, only a person authorised by the Director could witness a parent's
consent to an adoption made specifically in favour of a relative.
The Act and Regulation provided for anonymity between birth parents and
adoptive parents. Under the previous Act and Regulation, adoptive
parents were provided with the adoption order which included the name of
the child's birth parent or parents.
Under the provisions of the current Adoption of Children Act 1964
adoption orders are retained by the Department. Adoption Orders can
be accessed only on the order of a Supreme Court Judge, until the adopted
person attains eighteen years of age. Once an adoption order is made,
adoptive parents are advised by letter that the adoption of their child
is finalised and that a copy of the child's birth entry can be obtained
from the Registrar-General’s Office. All parents, including adoptive
parents, rely on the birth entry as evidence of their legal relationship
with their child.
In 1967, the Act was amended to clarify the rights of adopted children
to participate in a transfer of property in the case of intestacy.
In 1974, the maximum age at which a child could be adopted was reduced
to eighteen years and in 1978, the use of the word illegitimate was eliminated
from the Adoption of Children Act 1964 by the Status of Children Act.
An Adoption Contact Register was established in the Department of Children's
Services in May 1987 to provide for the reunion of adopted persons and
birth parents following matched listings of all eligible parties.
The Contact Register has been replaced by amendments made to the Act in
1990 and 1991.
In 1988 the Act was also amended to enable a custodial birth parent and
a step-parent to jointly adopt the custodial parent's child, or for the
child's step-parent to be the only adopting parent.
The Adoption of Children Act 1964 was further amended in June 1988, to
allow for the establishment of separate General Children's Adoption, Special
Needs Children's Adoption, Relative Children's Adoption and Foreign Children's
Adoption applicant lists and for an Adoptions Appeals Tribunal. The
Tribunal enabled adoption applicants who had been unfavourably assessed
to appeal the decision. The Tribunal has since been replaced by the
appeal provisions in the Children's
Commissioner and Children's Services Appeals Tribunals Act 1996.
Amendments
made to the Adoption of Children Act 1964 since 1990
Amendments made to the Adoption of Children Act 1964 in 1990 and 1991 made
provision for adults who were adopted and birth parents to receive identifying
information about each other, in certain circumstances. Provision
was also made for eligible relatives and adoptive parents to receive identifying
information in certain circumstances. The Act was also amended at
this time to allowed for bequests to be made to adopted persons whose identity
is unknown to a testator.
The amendments made to the Act in 1990 and 1991 provide people who are
adopted and birth parents who sign an adoption consent after June 1991
with an unqualified entitlement to access identifying information once
the adopted person attains 18 years of age.
The Adoption of Children Act 1964 was amended by the Adoption
of Children (Hague Convention on Intercountry Adoption) Amendment Act 1999
in
order to facilitate Queensland's implementation of the Hague Convention
on Protection of Children and Co-operation in respect of Intercountry Adoption.
Source: Queensland
Government, Adoption
Services
In July 2002,
Families Minister Judy Spence will release a community consultation paper
on what her department claims is a "comprehensive review" of the
Adoption of Children Act 1964. Source:
The Courier Mail, 11/6/02, p11
|