Last updated February 2024

Marriage

Any person is free to marry provided they are old enough, and they understand the nature and effect of the marriage ceremony at the time of the ceremony. Usually, there is no legal reason why a person with disability may not marry, unless the nature of their disability is such that they cannot understand the nature and effect of the marriage ceremony.

Parenting

People with a disability have the right to become parents. There is no presumption in the law that a person with any disability is an unfit parent.

Contraception

A person with a disability has the right to choose to use contraception or not and decide which type to use.

Sterilisation

In the case of a person with disability under the age of 18, a sterilisation that is to be performed for non-therapeutic reasons can only be performed with the consent of the court or the Queensland Civil and Administrative Tribunal (QCAT) under the Guardianship and Administration Act 2000 (Qld) (Guardianship and Administration Act). When considering an application for consent for sterilisation, the decision maker must only authorise the sterilisation if satisfied that it is in the child’s best interest. In making this determination, the decision maker must consider, amongst other things, whether the:

  • sterilisation is medically necessary
  • child’s disability impacts their ability to communicate and understand social interaction and learning
  • sterilisation cannot be reasonably postponed.

In the case of an adult, sterilisation can only be performed with that person’s consent. Any medical treatment performed without consent, except in an emergency, can constitute an assault for which the doctor can be held legally responsible.

If a person with disability is over 18 years of age and is not able to give consent, then sterilisation falls under ‘special healthcare matters’ for the purposes of the Guardianship and Administration Act. On application, QCAT can give consent for these procedures—an attorney or guardian cannot. The tribunal must decide whether the procedure is necessary for the adult’s health and wellbeing.

For further information where a person is not capable of giving consent, see the chapter on Laws Relating to Individual Decision Making.

Abortion

Since December 2018, abortion is legal in Queensland under the Termination of Pregnancy Act 2018 (Qld) (Termination of Pregnancy Act).

A health practitioner may refuse to provide the abortion if they disclose a conscientious objection. They must refer the person to another practitioner or health service believed to provide the procedure.

For pregnancies that are more than 22 weeks, extra circumstances are required in order to provide a legal termination.

Part 4 of the Termination of Pregnancy Act provides protection to the pregnant person and all workers. Criminal offences have been created to provide safe access to abortion that is free from harassment, intimidation, and the recording and distribution of images by objectors.

On application, QCAT can provide consent for a termination of a pregnancy to be carried out if the mother does not have capacity to provide consent.

Adoption

In general, a child cannot be adopted without the consent of the parents.

People with disability as adoptive parents

People with disability can encounter difficulties when applying to adopt a child in Queensland.

Part 6 of the Adoption Act 2009 (Qld) (Adoption Act) provides for the assessment of prospective adoptive parents, and pt 6 div 5 (Adoption Act) outlines the basis for deciding suitability generally. Under s 122 of the Act, if the person has a disability or impairment then there are additional criteria that the Chief Executive of the Department of Child Safety, Seniors and Disability Services must consider in deciding if the person is suitable. These additional criteria exclude many people with a disability from being deemed suitable to be a prospective adoptive parent.

These additional criteria include:

  • the effect of a person’s condition on the level of care the person will be able to provide to an adopted child, without help from someone else, and the time for which the person is likely to be able to provide the care
  • whether the person needs a carer or is likely to need a carer in the future
  • whether the condition is likely to have an adverse impact on an adopted child’s wellbeing or best interests.

Needs of a child with a disability

Section 156 of the Adoption Act provides that the particular needs of a child with a disability must be taken into consideration when selecting prospective adoptive parents.