An application for the discharge of a final adoption order must be made to the Supreme Court. The application must state the ground on which it is made. As soon as practicable after filing the application in the court, the applicant must serve a copy of it on each party to the adoption and, if the applicant is not the chief executive, on the chief executive.

Grounds for discharge

A final adoption order may be discharged on any of the following grounds—

(a) the order was made or something was done for the purpose of making the order—

• because of a false or misleading document or representation; or
• because a person acted fraudulently or used undue influence on another person; or
• in another improper way;

(b) a consent required for the adoption was not given freely and voluntarily by a person with capacity to give the consent;

(c) there are other exceptional circumstances that warrant the discharge.

For this section, a person used undue influence on another person if the first person—

(a) used or threatened to use force or restraint against the other person; or

(b) caused or threatened to cause injury to the other person; or

(c) caused or threatened to cause any other detriment to the other person.

For assistance contact Adoption Services at the Department of Child Safety, Youth and Women.

Address:
Work Level 1, 111 George Street, BRISBANE QLD 4000
Postal address:
GPO Box 806, BRISBANE QLD 4001
Phone: (07) 3097 5100 or 1800 647 983 (free call within Queensland)
Fax: (07) 3006 4065
Email: ads@communities.qld.gov.au

It is recommended applicants engage independent legal advice.

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