Damon Mcknight
If you're considering adopting a child from overseas, you'll need to navigate the complex legal processes and eligibility requirements of both Australia and the child's country of origin. In Australia, the process is known as intercountry adoption and is overseen by the Department of Social Services (DSS) in partnership with state and territory central authorities. The specific steps and requirements will depend on the child's country of origin, with some countries requiring full Hague Convention adoptions finalised in the child's birth country, while others allow for simple Hague Convention adoptions, which are finalised in Australia. Citizenship and immigration processes must also be carefully navigated, with the Australian Department of Home Affairs assessing and deciding on applications for visas and citizenship.
| Characteristics | Values |
|---|---|
| Federal laws | Govern immigration and citizenship matters |
| Federal-level central authority | Responsible for national policy leadership and relationships with overseas countries |
| State and territory central authorities | Manage and assess adoption applications and other matters related to supporting applicants and implementing adoption laws |
| Number of partner countries | 13 |
| Intercountry Adoption Australia | A national service and central point of contact for people at all stages of the intercountry adoption process |
| Citizenship laws | The main piece of legislation governing the acquisition of citizenship through intercountry adoption |
| Health and criminal records | Required to be released by some countries |
| Income | Required to be released by some countries |
| Age of adoptive parents | Required by some countries |
| Citizenship requirements | If the child is not an Australian citizen, the adoptive parent(s) must be; if applying as a couple, at least one person must be |
| Fees | May be required to be paid to the overseas partner country |
| Adoption finalization location | Determines whether the adoption is a "full" or "simple" convention adoption |
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What You'll Learn
Citizenship and immigration requirements
In Australia, intercountry adoption is governed by laws at both the federal and state/territory levels. The federal-level central authority is responsible for national policy leadership and relationships with overseas countries, while state and territory central authorities manage and assess adoption applications and other matters related to supporting applicants and implementing adoption laws. The Department of Social Services (DSS) holds primary responsibility for the management and establishment of Australia's intercountry adoption programs.
Adoption laws and citizenship laws are the main pieces of legislation governing the acquisition of citizenship through intercountry adoption. In Australia, the process of acquisition of citizenship by a foreign adopted child depends on whether the child is adopted from a country that conducts "full" or "simple" Hague Convention adoptions. A "full" convention adoption is one that is finalised in the child's country of birth, while a "simple" convention adoption is finalised in Australia.
If there is a full Hague Convention adoption, the parents can apply for citizenship for the child before returning to Australia under specific provisions on intercountry adoption in the Australian Citizenship Act 2007 (Cth). In this case, the child can acquire Australian citizenship before arriving in the country. If there is a simple Hague Convention adoption, the child can obtain an adoption visa, which is a permanent residence visa. They will then automatically acquire citizenship following the issuance of an adoption order by an Australian court.
If an adoption is finalised overseas but the child does not obtain citizenship prior to travelling to Australia, they can still obtain an adoption visa. Once in Australia, the parents can apply for citizenship by conferral. The Australian Department of Home Affairs assesses and decides on applications for visas and citizenship and can provide information on specific requirements.
In Victoria, if the child you are adopting is not automatically an Australian citizen, you must be an Australian citizen. If applying as a couple, at least one person must be an Australian citizen. Some countries also have this requirement as part of their adoption programs. It is important to remember that for overseas adoption, applicants must meet both Victorian eligibility requirements and the country program requirements.
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Eligibility requirements
To be eligible to adopt a child from overseas, adoptive families in Australia must meet eligibility requirements set at both the federal and state/territory level. These requirements vary depending on the state or territory and the child's country of origin. Here are some general eligibility requirements for international child adoption in Australia:
Australian Citizenship or Permanent Residency:
Australian citizenship is a requirement for at least one applicant in a couple. Some overseas countries also require at least one Australian citizen in their adoption programs. If the child is not an Australian citizen, the adoptive parent(s) must be.
Health and Criminal Record Check:
As part of the adoption process, prospective adoptive parents may be required to release their health and criminal records to determine their eligibility.
Income and Financial Stability:
Prospective adoptive parents may need to provide information about their income and financial stability to ensure they can provide for the adopted child's needs.
Age Requirements:
Some countries may require adoptive parents to be above a certain age before they can submit their application.
Home Study and Assessment:
Adoption authorities in Australia will assess the suitability of the adoptive family through a home study, which may include interviews, home visits, and background checks.
Country-Specific Requirements:
Each overseas country program has its own eligibility requirements. These may include additional criteria such as the age of the child, the child's health and medical needs, and the ability of the adoptive family to meet those needs.
It is important to note that eligibility requirements can vary and may change over time. Prospective adoptive parents should refer to the Intercountry Adoption Australia website and relevant state or territory central authorities for the most up-to-date and comprehensive information.
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Adoption finalisation
The adoption process varies depending on the country and whether the child is adopted from a country that conducts "full" or "simple" Hague Convention adoptions. If there is a full Hague Convention adoption, the adoption is finalised in that country and an adoption compliance certificate is issued. The parents can then apply for citizenship for the child before returning to Australia. If there is a simple Hague Convention adoption, the adoption is finalised once the child is in Australia. The child can obtain an adoption visa, which is a permanent residence visa, and then automatically acquire citizenship following the issuance of an adoption order by an Australian court.
In Victoria, the Department of Social Services (DSS) holds primary responsibility for the management and establishment of Australia's intercountry adoption programs. Adoption Victoria works in partnership with DSS to facilitate adoptions primarily with active country programs. It is important to note that for overseas adoption, applicants must meet both Victorian eligibility requirements and the country program requirements.
In New South Wales (NSW), the Department of Communities and Justice (DCJ) is the sole provider of local adoption services. Local adoption (also known as voluntary adoption) in NSW has been delivered by three service providers: DCJ's Open Adoption and Permanency Services, Anglican Community Services (Anglicare), and Family Spirit. However, as of 30 June 2024, Anglicare and Family Spirit will no longer be delivering local adoption services due to a decision by DCJ and the changing needs of the adoption landscape in NSW.
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Passport application
The Australian Passport Office is in charge of all passport applications and assessments. The child's identity and citizenship need to be established, as well as the parental responsibility of the applicant. The written consent of anyone else with parental responsibility for the child is also required.
Firstly, you must ensure that you have evidence of the child's Australian citizenship from the Department of Home Affairs. If the child does not have a full Australian birth certificate, you will need to provide documentary evidence of the adoption. This could be in the form of an adoption compliance certificate, an adoption order, or an equivalent document showing the child's and the adoptive parents' full names. Foreign documents must be in English or translated in full by an approved translation service. If an approved translation service is not available, a translation by an official from the relevant Australian state or territory central authority or the foreign adoption agency is also acceptable.
If the child is aged 16 or 17, they must be present when lodging the application. If the child already has a current passport, it will be cancelled when their new passport application is assessed, meaning they will be unable to use it for travel. If the child needs to travel before receiving their new passport, you should contact the Australian Passport Office to check if their old passport is still valid.
The application form can be completed online, or a blank form can be collected from a participating Australia Post outlet. The form for children is purple, and everyone giving consent must sign Section 15 of the form in front of a witness. The witness cannot be related to the child by birth or marriage or be in a de facto relationship with any person who has parental responsibility or lives at the same address. If the child is 10 or older, they must sign Section 16 of the form if applying in Australia. The guarantor must sign Section 11 of the form and endorse the back of a passport photo by writing, "This is a true photo of [the child's full name]" and signing in black pen. The guarantor must be an adult Australian citizen who has known the child for more than a year or since birth if the child is under one year old.
When lodging the application, you must bring the completed application form, the child's passport photos, and the original documents requested on the application form. You can lodge the application and pay the passport fee at a participating Australia Post outlet, and an appointment may be necessary. It takes a minimum of six weeks to receive the child's passport, and urgent applications are available at the time of lodgement.
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State-specific processes
In Australia, intercountry adoption is governed by laws at both the federal and state/territory levels. The federal-level central authority is responsible for national policy leadership and relationships with overseas countries, while state and territory central authorities manage and assess adoption applications and other matters related to supporting applicants and implementing adoption laws.
Victoria
Adoption Victoria works in partnership with the Department of Social Services (DSS) to facilitate adoptions primarily with active country programs. It does not accept applications to adopt an unknown child from countries that do not have an active intercountry adoption program with Victoria. Applicants must meet both Victorian eligibility requirements and the country program requirements.
Victorian law requires that if the child you are adopting is not automatically an Australian citizen, you must be an Australian citizen. If you are applying as a couple, at least one person must be an Australian citizen.
Queensland and Northern Territory (NT)
These jurisdictions are currently assessing a small number of suitable applicants to adopt from India.
Other States and Territories
The other state and territory governments, including Victoria, will consider key learnings from the Queensland and NT stage before determining their involvement in future stages of reactivation.
General State-Specific Requirements
Regardless of the state, applicants must begin the immigration application process for the child before bringing them to Australia. The Australian Department of Home Affairs assesses and decides on applications for visas and citizenship.
Once a placement has been accepted and visas organized, the person needs to travel to the child's birth country to complete the overseas adoption. The person would then bring the child back to Australia and adhere to any reporting requirements of the child's birth country.
When the adoption is finalized, the adoptive parents become the legal parents of the child. To apply for a passport, you will need documentary evidence of the adoption, such as an adoption compliance certificate, an adoption order, or an equivalent document showing the child's and adoptive parents' full names.
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Frequently asked questions
The process of international child adoption in Australia is known as intercountry adoption. It is governed by laws at both the federal and state/territory levels, with the Department of Social Services (DSS) holding primary responsibility for the management and establishment of Australia's intercountry adoption programs. The federal-level central authority is responsible for national policy leadership and relationships with overseas countries, while state and territory central authorities manage and assess adoption applications and other matters.
The eligibility requirements for adoptive parents in Australia vary depending on the state and territory. For example, in Victoria, there are two sets of eligibility requirements: Victorian requirements and the specific country program requirements. Generally, health and criminal records, income, and age are considered when determining eligibility to adopt a child.
There are two types of Hague Convention adoptions: "full" and "simple". A "full" convention adoption is finalized in the child's country of birth, while a "simple" convention adoption is finalized in Australia. If there is a "full" Hague Convention adoption, parents can apply for citizenship for the child before returning to Australia. In the case of a "simple" convention adoption, the child can obtain an adoption visa (permanent residence visa) and then automatically acquire citizenship after an Australian court issues an adoption order.
Adoption Victoria works in partnership with the DSS to facilitate adoptions primarily with active country programs. They ensure that applicants meet the requirements for adoption under Victorian and overseas country regulations. They send application files to active overseas country programs when those countries have requested them or have the ongoing capacity to accept files.
When applying for a passport for a child adopted through intercountry adoption in Australia, documentary evidence of the adoption is required if the child does not have a full Australian birth certificate. This could include an adoption compliance certificate, an adoption order, or an equivalent document with relevant details. Guarantor requirements may also be relaxed for the first application, but standard requirements apply for subsequent applications.
