In Hawkins v Whitla [2024] QSC 201, Carmel Mary Hawkins sought to discharge her adoption order made in December 1945, on the grounds that her biological mother's consent was not given freely and voluntarily. The Supreme Court, presided over by Judge Martin SJA, dismissed the application, finding no adequate evidence to support Hawkins' claim. The court noted that the relevant statutory framework under the Adoption Act 2009 (Qld) necessitated clear proof that the consent was affected by any undue influence or circumstances that compromised its voluntariness. Despite Hawkins' reliance on hearsay evidence and statements made by her biological mother years after the adoption, the court concluded these were inadmissible for establishing the necessary factors for discharge.
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