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QLD Consent Orders and Statutory Declaration to Claim Paid Parental Leave?

Discussion in 'Employment Law Forum' started by Britnne, 25 January 2016.

  1. Britnne

    Britnne Active Member

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    Hi, my sister and hubby is gifting me and my hubby a baby. Our baby is due May, 2016. Is this considered surrogacy even though not my egg and not hubby sperm?

    It's not adoption So what category does this fall into?

    Surely, there is a way I can claim paid parental leave from work. Centrelink has asked me for a statutory declaration from both parties. Advising they appoint me and hubby as legal guardian and that we will be primary caregivers to be entitled to 18 weeks pay.

    Work has also advised me for statutory declaration and letter from doctor advising the due date plus they wanted a letter from the lawyer advising the process we are doing which was that I wanted consent orders, but now knowing this will cost 5000, I am not so keen on it anymore and they are still insisting on consent orders.

    Any info greatly appreciated.
     
  2. Rod

    Rod Well-Known Member

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    Sounds like adoption to me. Do you have a legal opinion saying otherwise?

    As for work, ask them to tell you what part of which law requires a consent order. Use it as a stalling tactic while you gather more information on what is required. Generally if the government is prepared to say you qualify for leave that should be sufficient for work.
     
  3. Ash

    Ash Well-Known Member

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    Surrogacy is either your egg or husband's sperm.

    This is not an adoption as all adoptions must go through your States Child Services Department and it is an offence to arrange it privately.

    Have a look at the adoption act 2009 for Qld on whether you can adopt your sister's child. It is not always permitted. If you can, you will need to be assessed by child services on your suitability to adopt, your sister will need to sign papers to relinquish the child and then all going well the family courts will approve the adoption. You will then get a birth certificate with you and your husband listed as the parents.

    Otherwise, you are looking at consent orders for long-term guardianship and legally becoming the child's guardian until they are 18. Once again you will need to go through child services.
    https://www.communities.qld.gov.au/...foster-care/long-term-guardianship-carers.pdf

    I would certainly recommend you sort it out legally as this is a child's life and it will matter and have an impact on the child in years to come. If you do the training child services require you to do for the approval (guardian or adoption) you will gain a good understanding of the challenges / questions / struggles the child will experience not being raised by their biological family.

    Here are the eligibility requirements from Centrelink and I would think your work would follow along the same lines.
    Eligibility for Parental Leave Pay - Department of Human Services
     
  4. Britnne

    Britnne Active Member

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    Hi Rod, thank you for your response. I have contacted the department of communities - adoption services and they have confirmed that I am unable to adopt my niece. They have advised me that a consent order is the only option for me.

    Thanks heaps

    Cheers
     
  5. Britnne

    Britnne Active Member

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    Hi Ash

    Thank you for your response.

    Department of communities have confirmed with me that they do not have anything to do with these orders or my case as the child is not and will not be a child in care and I will need to arrange for my own family law lawyer who can draft up a consent order and this gets stamped by courts if approved if not sent back to me for corrections or another option if I feel comfortable would be to go DIY consent order which will save thousands??

    Thanks heaps

    Cheers
     

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