Leslie Massey
Adopting a child from another country to Australia is known as intercountry adoption. This process is guided by the Hague Convention on intercountry adoption, which Australia is a signatory to, and involves complying with the laws in the child's country of origin as well as in Australia. There are two types of overseas adoptions: intercountry adoption and expatriate adoption. Intercountry adoption is when an Australian living in Australia adopts a child from overseas through authorities in their Australian state and territory. Expatriate adoption is when an Australian living overseas adopts a child from that country, and Australian state and territories are not responsible for these adoptions. In this case, Australian authorities only get involved when the adoptive parent wants to return to Australia with the child.
| Characteristics | Values |
|---|---|
| Types of overseas adoptions | Intercountry adoption, Expatriate adoption |
| Intercountry adoption | Adoption of a child from one of Australia's partner countries |
| Expatriate adoption | An Australian living overseas adopts a child from the child's home country |
| Number of partner countries | 6 |
| Authority responsible for intercountry adoption | Department of Communities, through its Adoption Services in Western Australia; Intercountry Adoption Australia (ICA) |
| Authority responsible for expatriate adoption | Department of Home Affairs |
| Requirements for intercountry adoption | Must meet the principles and standards of the Hague Convention |
| Requirements for expatriate adoption | Must comply with the laws in the child's country |
| Visa requirements | Child can travel to Australia under adoption visa (subclass 102) if eligibility criteria are met |
| Citizenship requirements | If the child is not an Australian citizen, the applicant must be an Australian citizen |
| Eligibility requirements | Must meet eligibility requirements set by the State or Territory and the country program requirements |
| Waiting times | Depend on the country; waiting times of several years are not uncommon |
| Costs | May need to pay fees to the overseas partner country |
| Risks | Child trafficking, arrest or jail overseas, failure to meet Australian immigration requirements |
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What You'll Learn
Intercountry adoption vs. expatriate adoption
Intercountry adoption and expatriate adoption are the two types of overseas adoptions in Australia. Intercountry adoption is when an Australian living in Australia adopts a child from another country through authorities in their Australian state and territory. The relevant government authority in the child's country administers the arrangement overseas, guided by the Hague Convention on intercountry adoption. Australia has intercountry adoption programs with six partner countries.
The Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption is one of 38 conventions administered by the Hague Conference on Private International Law. It aims to protect children and their families against the risks of illegal, irregular, premature, or ill-prepared adoptions abroad. It establishes principles for countries to follow, focusing on the need for intercountry adoptions to occur only when it is in the best interests of the child and with respect for their fundamental rights.
On the other hand, expatriate adoption is when an Australian living overseas adopts a child from the child's home country. Expatriate adoption occurs through the processes of the overseas country, and Australian states and territories are not responsible for assessing or approving these applications. Expatriate adoptions may not meet the legal requirements in Australia, and Australian authorities only get involved when an expatriate wants to return to Australia with their adopted child. The Department of Home Affairs assesses whether the child meets the immigration requirements for an Adoption Visa.
There are higher risks of illicit or illegal adoption practices in expatriate adoptions as they are not subject to the same safeguards as intercountry adoptions under the Hague Convention. It is important for prospective adoptive parents to understand and comply with the laws in the child's country of residence, as failing to do so could lead to suspicions of child trafficking, resulting in arrest or jail time overseas.
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Eligibility requirements
State or Territory Requirements
Each Australian state or territory has its own central authority that handles intercountry adoption applications and sets eligibility criteria. For example, in Victoria, applicants must be adults who normally live in the state. It is important to contact your state or territory central authority to understand their specific requirements.
Intercountry Adoption Requirements
Australia has established intercountry adoption programs with partner countries, and each of these countries has its own specific eligibility criteria. These criteria typically include requirements related to the age, marital status, and citizenship of the prospective adoptive parents. It is essential to review the eligibility requirements for the specific country from which you plan to adopt.
Hague Convention Compliance
All intercountry adoptions in Australia must comply with the standards and principles of the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. This international treaty aims to protect children and their families from illegal, irregular, or ill-prepared adoptions. It establishes principles to ensure that intercountry adoptions occur only when it is in the best interests of the child.
Immigration and Citizenship Requirements
If the child you are adopting is not an Australian citizen, you must be an Australian citizen yourself. When adopting from another country, the child will need to meet Australian immigration requirements to enter the country. The Department of Home Affairs is responsible for assessing these requirements and issuing adoption visas.
Expat Adoption Considerations
Expatriate adoption refers to when an Australian living overseas adopts a child from that country. In this case, the adoption occurs through the processes of the overseas country, and Australian states and territories are not involved in assessing or approving the application. It is important to understand the legal requirements of the country of residence, as expatriate adoptions may not meet all the legal requirements in Australia.
It is important to thoroughly review the eligibility requirements for both your state or territory and the specific country from which you plan to adopt. Additionally, seeking legal advice and understanding the immigration and citizenship requirements are crucial steps in the process of adopting a child from another country to Australia.
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Visa and citizenship
The Department of Home Affairs is responsible for Australian visas and citizenship. It is important to understand the visa and citizenship requirements for your adopted child to enter Australia.
If you are adopting a child from overseas, you must ensure that the adoption complies with the relevant laws and regulations in the child's country of origin. Failing to do so could result in legal consequences, including suspicion of child trafficking. It is crucial to understand the specific requirements of the country from which you plan to adopt.
In Australia, all intercountry adoptions must meet the standards and principles set out in the Hague Convention. This international treaty aims to protect children and their families from illegal, irregular, premature, or ill-prepared adoptions. It ensures that intercountry adoptions occur only when it is in the best interests of the child and respects their fundamental rights. The Australian Government Department of Social Services is the designated central authority for intercountry adoption under the Hague Convention.
To be eligible to adopt a child from overseas, you must meet the eligibility requirements set by your state or territory and the specific requirements of the child's country of origin. In some cases, at least one applicant must be an Australian citizen. It is essential to check the specific requirements for your chosen country on the Intercountry Adoptions Australia website.
Once the adoption is finalised, the child can travel to Australia under an Adoption Visa (subclass 102), provided they meet the relevant eligibility criteria. The Department of Home Affairs assesses whether the child meets the immigration requirements for this visa. If the adoption was not arranged through a State or Territory Central Authority (STCA), there is a risk that the child may not meet the necessary immigration requirements to enter Australia.
It is important to note that Australia's immigration laws restrict the adoption of children with certain health conditions. Additionally, waiting times for intercountry adoptions can vary and may take several years.
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The Hague Convention
Adopting a child from another country to Australia is called intercountry adoption. The number of intercountry adoptions has been decreasing worldwide due to various factors, including increased access to birth control, greater acceptance of single mothers and children born out of wedlock, and countries' efforts to promote domestic adoption. Australia has agreements with six partner countries for intercountry adoption.
All intercountry adoptions in Australia, including relative and known non-relative adoptions, must comply with the standards and principles of the Hague Convention. This means that the adoption must be supported by both the relative authority in the overseas country and the Australian state and territory central authority (STCA). The STCA will not consider an adoption application until they have received confirmation that the child is legally adoptable and in need of intercountry adoption, and compliance with the Hague Convention has been established.
To be eligible to adopt a child from overseas, prospective parents must meet the eligibility requirements set by their state or territory and the requirements of the partner country. Some countries may require at least one applicant to be an Australian citizen. It is important to note that Australian state and territory authorities do not assess or approve applications for expatriate adoption, which occurs when an Australian living overseas adopts a child from that country. In such cases, Australian authorities only get involved when the adoptive parent returns to Australia with the child, assessing whether the child meets immigration requirements for an Adoption visa.
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Adoption agencies
Adoptions in Australia are handled by state and territorial government agencies or approved adoption agencies. It is unlawful to arrange a private adoption, though foreign adoptions may be recognized.
The first step in the adoption process is to contact your state or territory central authority, which handles your application and the adoption process. The adoption process and waiting times depend on which country you want to apply to adopt from and which state or territory you live in. Waiting times of several years are not uncommon.
- Adoption Services in Queensland
- Families SA in South Australia
- The Department of Human Services in Victoria
- The Department of Communities in Western Australia, through its Adoption Services, is the only agency in Western Australia allowed to arrange adoptions of children from overseas
The Australian Government funds an independent, nationwide service called the Intercountry Adoptee and Family Support Service (ICAFSS) that provides free post-adoption support to young and adult adoptees, and adoptive and prospective adoptive parents. ICAFSS provides counseling and case management services to help individuals and families manage the complexities and unique challenges that intercountry adoption may pose throughout their lives.
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Frequently asked questions
The process of adopting a child from another country to Australia is called intercountry adoption. The adoption process depends on what state or territory you live in, as your state and territory central authority (STCA) handles your application and the adoption process. The STCA will assess eligibility and advise on current arrangements with your chosen partner country.
To be eligible to adopt a child from overseas, adoptive families must meet two sets of eligibility requirements: those of the state or territory in which the application is lodged, and those of the country program. Requirements include that the child meets immigration requirements for an adoption visa, and that if the child is not an Australian citizen, the applicant must be.
There may be fees to pay to the overseas partner country. These vary depending on the country.
Waiting times depend on the country you want to apply to adopt from. Waiting times of several years are not uncommon.
The Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption is an international treaty that aims to protect children and their families against the risks of illegal, irregular, premature or ill-prepared adoptions abroad. It establishes principles for countries to follow that focus on the need for intercountry adoptions to occur only when it is in the best interests of the child and with respect for their fundamental rights.
Please note that this response is a simplified summary and that legal advice should be sought for this complex topic.
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