Damon Mcknight
Adopting a child from India to Australia involves a complex process with legal implications. There are two types of overseas adoptions: intercountry adoption and expatriate adoption, each with its own set of requirements and eligibility criteria. Intercountry adoption is when an Australian living in Australia adopts a child from overseas through their state or territory authority, whereas expatriate adoption occurs through the processes of the overseas country. The adoption laws of the home country, in this case, India, must be adhered to, and it is recommended to seek independent legal advice in both Australia and India before proceeding. The Australian government works in partnership with Intercountry Adoption Australia (ICA) to support overseas adoption programs, providing comprehensive information and resources to assist Australians adopting children from other countries.
| Characteristics | Values |
|---|---|
| Number of children | Only 1 child can be adopted at a time, unless part of a sibling group |
| Applicant's health | Applicant can't suffer from any chronic, contagious or fatal disease or any mental or physical condition that will prevent them from caring for a child |
| Applicant's family status | If the applicant already has 3 or more children, they will only be considered for children with special needs, or if adopting as a relative or step-parent |
| Applicant's country of residence | Applicant must have lived outside Australia for more than 12 months before lodging a visa application |
| Applicant's legal ties with the birth parents | No remaining legal ties between the child and the birth parents can exist |
| Applicant's eligibility | Applicant must meet the eligibility criteria of their state or territory central authority (STCA) |
| Child's country of residence | India will attempt to place a child within a family in India before deciding if a child can be placed through intercountry adoption |
| Child's health | Children with mild or correctable medical conditions or mild to moderate developmental delays (emotional, physical or social) aren’t considered special needs |
| Child's age | Children tend to be aged at least 5 years and above |
| Child's visa | Child could travel to Australia on an adoption visa (subclass 102) |
| Child's citizenship | Apply for 'citizenship by conferral' as soon as the child enters Australia |
| Applicant's citizenship | Overseas citizen of India (a foreign citizen of Indian origin who holds an overseas citizen of India card) |
| Fees | The estimated fee is US$5,000, on top of state and territory central authority fees |
| Post-placement reports | Quarterly reports for the first year after the child’s arrival in Australia, half-yearly reports during the second year |
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What You'll Learn
Eligibility criteria for adoptive parents and children
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 or territory. Expatriate adoption is when an Australian living overseas adopts a child from the child's home country.
Eligibility criteria for adoptive parents
Adoptive parents must meet the eligibility criteria of their state or territory central authority (STCA) and India's criteria. For example, in Queensland, you can only adopt one child at a time, unless they are part of a sibling group. Additionally, if you already have three or more children, you will only be considered for children with special needs or if you are adopting as a relative or step-parent.
In the case of expatriate adoption, at least one adoptive parent must have lived outside Australia for more than 12 months before lodging a visa application. They must not have lived overseas to avoid Australia's intercountry adoption laws and must have full and permanent parental rights. No remaining legal ties between the child and the birth parents can exist.
Eligibility criteria for children
The child must meet the immigration requirements for an adoption visa. India will attempt to place a child within a family in India before deciding if a child can be placed through intercountry adoption. Children with mild or correctable medical conditions or mild to moderate developmental delays (emotional, physical, or social) are not considered special needs.
Other requirements
Adoptive families in Victoria must meet two sets of eligibility requirements: Victorian and overseas country requirements. Each overseas country program has its own set of eligibility requirements for adoptive families.
Risks and considerations
Overseas adoptions have legal implications in both Australia and the child's country of origin. Failure to comply with the laws in the child's country could lead to suspicion of child trafficking, arrest, or jail time. Additionally, expatriate adoptions may not meet legal requirements in Australia. It is recommended to obtain independent legal advice in both Australia and the child's country of residence before proceeding with an expatriate adoption.
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Adoption visa requirements
For intercountry adoption, the child could travel to Australia on an adoption visa (subclass 102). The Indian Central Authority, the Central Adoption Resource Authority (CARA), will first attempt to place the child within a family in India before deciding if the child can be placed through intercountry adoption. Once the child arrives in Australia, you will need to apply for 'citizenship by conferral' as soon as possible.
For expatriate adoption, the Australian authorities will only get involved when an expatriate wants to return to Australia with an adopted child. The Department of Home Affairs will assess and decide on adoption visa applications, and a visa will only be granted if all eligibility requirements are met. These requirements include that at least one adoptive parent must have lived outside Australia for more than 12 months before lodging a visa application, the adoptive parent must not have lived overseas to avoid Australia's intercountry adoption laws, the adoptive parent must have full and permanent parental rights, and there must be no remaining legal ties between the child and the birth parents.
In either case, it is important to understand the adoption laws of the home country and ensure that you comply with them. Failure to comply could result in suspicion of child trafficking, arrest, or jail time overseas.
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Adoption costs and expenses
Adoption costs can vary depending on the type of adoption, the state or territory in which the adoption takes place, and the country from which the child is adopted. In Australia, there are three types of adoption: local adoption, known-child adoption, and intercountry adoption. Local adoptions involve adopting a child within Australia, while known-child adoption refers to adopting a child that one already knows, such as a foster child or stepchild. Intercountry adoption involves adopting a child from another country, which is the relevant type of adoption for Australians looking to adopt a child from India.
The costs for local adoptions in New South Wales (NSW) can exceed $3,000, including departmental and legal fees. Non-government organisations (NGOs) that offer local adoption services in NSW set their own fees, so it is important to check with each organisation. For intercountry adoptions in NSW, the costs can be approximately $10,000. These fees are set by the NSW Government. Additionally, there may be costs associated with the country from which the child is adopted, as these vary between countries.
In the Australian Capital Territory (ACT), the costs for local and known-child adoption can range from $10,000 to $40,000. These fees are paid both in Australia and the country from which the child is adopted.
Adoption Victoria, which facilitates adoptions in the state of Victoria, does not specify its fees. However, it is important to note that they only work with countries with active intercountry adoption programs with Victoria, and India is currently not one of them.
When adopting a child from India, there are additional costs to consider. The estimated fee for the application is US$5,000, and there are state and territory central authority fees. Other expenses include travel costs, exit permit fees, and court hearing fees if a judge's presence is required.
It is important to be aware of the financial implications of adoption, as the costs can be significant. However, there are also resources available to help with these expenses. For example, the Department of Communities and Justice (DCJ) in NSW has a Hardship Policy that assists lower-income families with the costs of intercountry adoption. Additionally, in some cases, adoption grants, tax credits, employee benefits, and fundraisers can help reduce the financial burden.
Furthermore, when adopting from overseas, it is essential to consider the legal implications and ensure compliance with the laws of both Australia and the child's country. Australian embassies and consulates can provide limited support and process passport applications for the child once they become an Australian citizen. However, they cannot process visa applications or provide legal advice.
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Adoption process and waiting times
The adoption process and waiting times for adopting a child from India in Australia vary depending on the type of adoption, location, and authority involved. Here is a step-by-step guide:
Intercountry Adoption:
If you are adopting through Intercountry Adoption, the process is facilitated by the Department of Social Services (DSS) in partnership with Adoption Victoria. However, it is important to note that Adoption Victoria is not currently accepting applications for adoption from India. The process involves:
- Meeting eligibility criteria: You must meet the requirements of your state or territory central authority (STCA) and India's Central Adoption Resource Authority (CARA). This includes health and parental capacity standards.
- Application submission: Your application is submitted to active overseas country programs when they request or have the capacity to accept files.
- Waiting period: Waiting times are challenging to estimate and can vary significantly. Your application is valid for 2 years from acceptance in India, after which it needs to be updated. It is not uncommon to experience waiting times of several years.
- Fees: The estimated fee for adopting from India is US$5,000, excluding state and territory central authority fees and other expenses.
- Travel and court proceedings: Travel times depend on the child's location and exit permit timeframes. A judge's presence at the court hearing may also impact the timeline.
- Post-placement reports: You will need to submit quarterly reports for the first year and half-yearly reports during the second year after the child's arrival in Australia.
Expatriate Adoption:
Expatriate adoption involves adopting a child while living in the child's home country, in this case, India. This process is guided by India's adoption laws and may include the following steps:
- Legal advice: Obtain independent legal advice in both Australia and India to understand the legal implications and requirements of the adoption.
- Documentation: Ensure you have all the necessary documents, which may include birth certificates, court orders, and proof of eligibility.
- Visa application: Apply for an adoption visa (subclass 102) for the child to travel to Australia. At least one adoptive parent must have lived outside Australia for more than 12 months before applying.
- Citizenship: Upon arrival in Australia, apply for 'citizenship by conferral' for the child as soon as possible.
Additional Considerations:
Regardless of the adoption type, here are some essential considerations:
- Health and special needs: India will first attempt to place a child within a family in India, particularly for children with mild medical conditions or developmental delays. If adopting from overseas, you may only be considered for children with special needs if you already have 3 or more children.
- Sibling groups: Only one child can be adopted at a time, unless they are part of a sibling group.
- Support services: Utilize support services like Intercountry Adoptee and Family Support Service to assist you throughout the process and after the adoption.
- Travel insurance: Arrange adequate travel insurance for both you and the child before travelling to India.
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Post-placement requirements
Intercountry Adoption
If you have adopted a child from India through intercountry adoption, you will need to complete post-placement reports for two years. These include quarterly reports for the first year after the child's arrival in Australia and half-yearly reports during the second year. These reports are crucial to ensure that your child is settling into your family and their new social environment.
Expatriate Adoption
For those who have adopted a child through expatriate adoption and are considering bringing them to Australia, you will need to apply for an adoption visa. The Department of Home Affairs assesses and decides on adoption visa applications, and a visa will only be granted if all eligibility requirements are met. These requirements include:
- At least one adoptive parent must have lived outside Australia for more than 12 months before lodging the visa application.
- The adoptive parent must not have lived overseas to avoid Australia's intercountry adoption laws.
- The adoptive parent must have full and permanent parental rights, with no remaining legal ties between the child and the birth parents.
General Recommendations
Regardless of the type of adoption, it is recommended that you obtain independent legal advice both in Australia and the child's country of usual residence. Additionally, arrange adequate travel insurance for both yourself and the child, and ensure you have emotional and practical support from friends and family during this transition.
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Frequently asked questions
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 the child's home country.
To adopt a child from India, you need to meet the eligibility criteria of your state or territory central authority (STCA) and India. For instance, you can't suffer from any chronic, contagious, or fatal disease or any mental or physical condition that will prevent you from caring for a child. Additionally, you can only adopt one child at a time, unless they are part of a sibling group.
The estimated fee for adopting a child from India is US$5,000, excluding state and territory central authority fees. Waiting times are difficult to estimate, but they can be several years, and your application is valid for 2 years from acceptance in India.
After adopting a child from India, you will need to complete post-placement reports for 2 years: quarterly reports for the first year and half-yearly reports during the second year. Additionally, the child will need to travel to Australia on an adoption visa (subclass 102), and you will need to apply for 'citizenship by conferral' as soon as possible.
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