6. Witness consents to an adoption

If the child's parents choose to consent to the child's adoption, the primary case worker continues to have primary responsibility for delivering services to the parents during the consent and post-consent phases.

The Adoption Services team leader continues to be responsible for supervising the delivery of services by the primary case worker. The Adoption Services team leader is also responsible for providing the primary caseworker information about the statutory obligations associated with taking the parents consent to the child's adoption and when an application to the Childrens Court for an order dispensing with the need to seek a parent’s consent may be required.

The primary case worker must arrange an authorised officer to witness a person’s consent on the approved form and in accordance with the Adoption Act 2009, section 18. The authorised officer must:

  • explain the provisions of the Adoption Act 2009 relating to the giving of consent and attest that persons giving the consent have understood the provisions
  • ensure each person is provided with the prescribed information in a way that they understand, in accordance with the Adoption Act 2009, section 23
  • ensure the person has received pre-consent counselling about the prescribed information, in accordance with the Adoption Act 2009, section 24
  • if necessary, be satisfied that the persons signing the consent are the parents or guardians of the child, in accordance with the Adoption Act 2009, section 306(b)
  • provide each person whose consent was required with a copy of their consent and a document that the person may use to revoke consent, in accordance with the Adoption Act 2009, section 22.

After a parent consents to a child’s adoption, the adoption care agreement ends and the chief executive becomes the child’s guardian and may place the child under the Child Protection Act 1999, chapter 2, part 6, division 4. The child will continued to be cared for by an approved foster carer, who is usually the same approved foster carer who provided care to the child under the adoption care agreement. Approved foster carers who care for a child whose parent has consented to adoption are eligible to receive the fortnightly caring allowance and applicable child related costs.

The CSO in the CSSC in the area where the parent resides completes the Approved carer placement - Addition and deletion advice, to commence or cease the payment of the fortnightly caring allowance, as applicable.