Damon Mcknight
Adoption in Australia has seen a significant evolution over time, with a range of legislative, social, and economic factors influencing the process and its popularity. Australia classifies adoptions as local or intercountry, with the latter involving children born overseas. While adoption rates previously reached nearly 10,000 in the early 1970s, they have since witnessed a decline, with 208 adoptions recorded nationally in 2021-22. This decrease in adoptions is concerning, given the substantial number of children in the out-of-home care system, emphasizing the need to explore options like adoption to provide nurturing homes. The adoption process in Australia is regulated by state and territorial legislation, impacting eligibility and processing times. Factors such as social acceptance of non-traditional families, improved support for single parents, and effective birth control have also contributed to the changing landscape of adoption in the country.
| Characteristics | Values |
|---|---|
| Adoption rate in 2021-22 | 208 adoptions |
| Adoption rate in 2020-21 | 264 adoptions |
| Adoption rate in 2016-17 | 315 adoptions |
| Adoption rate in 2015-16 | 278 adoptions |
| Adoption rate in 2012-13 | 339 adoptions |
| Adoption rate in the early 1970s | Nearly 10,000 adoptions |
| Number of children in out-of-home care | 46,212* |
| Number of children not in home-based care | 4,000 |
| Approximate cost for local adoptions in NSW | $3,000 |
| Fees for intercountry adoption | $10,000 |
| Lowest adoption rate on record | 208 adoptions in 2021-22 |
| Highest adoption rate | Nearly 10,000 adoptions in the early 1970s |
| Average waiting time for intercountry adoption | 3 years |
| Maximum waiting time for intercountry adoption | 8 years |
| Maximum cost of intercountry adoption | $40,000 |
| Number of children who can move between foster homes | 20 |
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What You'll Learn
Local vs intercountry adoption
Australia classifies adoptions as local adoptions (placement within the country) and intercountry adoptions (adoption of children born overseas). Known child adoptions (adoption by relatives, stepparents, or carers) are a form of local adoption. Local adoptions are less common due to a low number of children who need placement, while intercountry adoptions are less common due to long wait times (2 to 8 years) and high costs (up to $40,000).
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. Government adoption agencies include Adoption Services in Queensland, Families SA in South Australia, and the Department of Human Services in Victoria.
When an adoption is completed, the birth parents no longer have any legal rights over the child. The adopted child becomes a full member of the adopting family, taking their surname and assuming the same rights and privileges as a birth child, including inheritance rights. A new birth certificate is issued in the case of local adoptions. The adopted child also has the same legal standing as a birth child concerning the extended family of the adopting parents.
Intercountry adoptions conform with the principles of the Hague Convention, to which Australia is a party. State and territory governments process inter-country adoptions, but eligibility requirements differ widely in relation to partner relationship status, age, citizenship, and health. Each foreign country would also have its own eligibility criteria for the adoption of its children. Waiting times for intercountry adoptions have decreased in recent years, but they can still take several years.
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Adoption rates in decline
Adoption rates in Australia have been declining over the years, reaching a record low of 278 in 2015-16, a significant drop from the nearly 10,000 adoptions seen in the early 1970s. While there was a slight increase to 315 adoptions in 2016-17, the numbers remain low compared to the past. This decline in adoption rates is concerning, especially considering the high number of children in the out-of-home care (OOHC) system, with approximately 40,000 children not living in permanent family homes.
Several factors contribute to the low adoption rates in Australia. Firstly, there is a strong push for children to be restored to or maintain contact with their birth parents, even in cases where they are in the OOHC system. Most jurisdictions prioritize permanent care orders with foster or kinship carers, providing security of placement without formal adoption. Additionally, legislative, social, and economic factors have influenced adoption rates. There is greater social acceptance of single parenting and children born outside of registered marriage, and increased support is available for lone parents. Improved birth control methods and effectiveness have also played a role in reducing the number of children available for adoption.
The complexity and variation of the adoption process across different states in Australia have also been cited as challenges. The process is often described as overwhelming and time-consuming, with different policies and procedures depending on the state. For example, the waiting times for intercountry adoptions can range from two to eight years, with costs reaching up to $40,000. Local adoptions also come with fees, which can exceed $3,000 in some states like NSW, including departmental and legal fees. These financial barriers and procedural complexities may deter prospective adoptive parents, contributing to the decline in adoption rates.
Despite the decline in adoption rates, there is a growing recognition of the importance of providing permanency for children who cannot safely return to their birth families. Advocacy groups like Adopt Change are pushing for streamlined processes to make it easier for prospective adoptive parents to provide stable and nurturing homes for children in need. They emphasize that adoption can offer children the stability and environment they need to heal and thrive. While adoption may not be suitable in all cases, there is a growing urgency to address the decline in adoption rates and explore all options to ensure every child has a permanent family.
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The adoption process
Adopting a child in Australia can be a complex and lengthy process. There are two main types of adoption: local adoption and intercountry adoption. Local adoption refers to the adoption of children born or permanently residing in Australia, while intercountry adoption involves adopting children from overseas.
Step 1: Understanding the Process and Eligibility
Before initiating the adoption process, it is crucial to understand the different types of adoption and the specific requirements for each. Local adoptions can be further categorized into known child adoptions, where the child is already known to the adoptive parents, such as foster carers or relatives, and local adoptions where the child is not previously known to the adoptive parents. Intercountry adoptions have their own set of eligibility criteria, as outlined by the partner country and the state or territory within Australia. It is important to note that Australia has arrangements with only 13 partner countries for intercountry adoptions.
Step 2: Choosing an Adoption Agency
Prospective adoptive parents can reach out to authorized adoption agencies, such as Barnardos Australia, to initiate the process. These agencies provide valuable support, resources, and guidance throughout the journey. They can assist with understanding the specific requirements, eligibility criteria, and legal framework governing adoptions in the respective state or territory.
Step 3: Registration and Assessment
After selecting an adoption agency, individuals or couples interested in adoption must register their interest by completing a questionnaire. This is followed by an assessment phase, where applicants are evaluated to determine their suitability and preparedness for adoption. This may include background checks, interviews, and home studies to ensure the safety and stability of the prospective adoptive family.
Step 4: Education and Training
As part of the adoption process, applicants are required to attend educational sessions and training programs. These sessions aim to provide valuable information, address concerns, and prepare prospective adoptive parents for the unique challenges and responsibilities associated with adoption. It is an opportunity to learn about the specific needs of adopted children, particularly those who have experienced trauma or have special needs.
Step 5: Matching and Placement
The process of matching prospective adoptive parents with a child can vary in duration, depending on the availability of children up for adoption. In some cases, there may be a waiting period before a suitable match is found. Once a match is identified, the placement process begins, which may involve a transition period, especially in cases of older children or those with complex needs.
Step 6: Legal Finalization and Consent
The final step in the adoption process is the legal transfer of parental responsibility. This involves obtaining the necessary consents from the birth parents, as per the Adoption Act, and finalizing the adoption through the appropriate state or territory authority. After the adoption is legally finalized, the adopted child becomes a full member of the adoptive family, with the same rights, privileges, and legal status as a birth child.
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Adoption costs
The costs of adoption in Australia vary depending on whether it is a local or intercountry adoption. Local adoptions in New South Wales can exceed $3,000, including both departmental and legal fees. Non-government organisations that offer local adoption services in NSW set their own fees. In Western Australia, there is an assessment fee of $1,368 associated with intercountry adoption applications. The approximate cost for intercountry adoptions is $10,000. Costs also vary between the overseas countries involved in an adoption.
There are no fees for foster carers who adopt a child in their care. The NSW Government sets the fees for local and intercountry adoptions, as well as permanent care in NSW. The Department of Communities and Justice (DCJ) has a Hardship Policy that helps lower-income families with the expense of adopting a child from overseas.
International adoptions are attributed to long wait times and high costs of up to $40,000. The waiting times for intercountry adoptions have almost halved in the past few years, down to about three years. However, there is no national data on processing times in Australia.
Adoption is a permanent legal arrangement that cuts a child's legal ties with their birth family. Full parental rights and responsibilities are given to the adoptive family, and the child becomes a full member of the family, taking their surname and assuming the same rights and privileges as a birth child, including the right of inheritance.
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Adoption laws
Australia classifies adoptions as local adoptions (placement within the country) and intercountry adoptions (adoption of children born overseas). Known child adoptions (adoption by relatives, stepparents, or carers) are a form of local adoptions.
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. Government adoption agencies include Adoption Services in Queensland, Families SA in South Australia, and the Department of Human Services in Victoria.
When an adoption is completed, the birth parents no longer have any legal rights over the child. The adopted child becomes a full member of the adopting family, taking their surname and assuming the same rights and privileges as a birth child, including the right of inheritance. A new birth certificate is issued in the case of local adoptions. The adopted child also has the same position as a birth child in relation to the extended family of the adopting parents, for example, with laws prohibiting incestuous sexual relationships or prohibiting marriages.
Australia is a party to the Hague Adoption Convention, which came into force in Australia on December 1, 1998, and has been implemented by amendments to the Family Law Act 1975 and the passing of the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998. The Australian Citizenship Act 2007 simplified the process of obtaining Australian citizenship for children adopted overseas in accordance with the Hague Adoption Convention. Intercountry adoptions conform with the principles of the convention. State and territory governments are in charge of processing inter-country adoptions, but eligibility requirements widely differ in relation to partner relationship status, age, citizenship, and health, and there are also federal responsibilities. Each foreign country would also have its own eligibility criteria for the adoption of its children.
Family law in Australia with regards to children is based on what is considered to be in the best interest of the child and families. Family laws contain a strong preference for retaining ties to biological parents, and a general presumption against making a known adoption order because an adoption order severs the legal relationship between the child and one of the child's birth parents. Due to the serious consequences of an adoption order, all stepparent adoption laws contain a strong preference for dealing with new parenting arrangements through a parenting order rather than an adoption order. Stepparents and other carers may apply to the Family Court of Australia for a parenting order, as 'other people significant to the care, welfare, and development' of the child.
In 1993, the National Principles in Adoption were developed through the Community and Disability Services Ministers’ Conference, and the Community and Disability Services Ministers Conference (CDSMC) ratified the principles. They were reviewed in 1997 to incorporate Australia's obligations under the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. The CDSMC has since been disbanded as part of streamlining the Council of Australian Governments system. It is unclear whether there has been further work on this issue. The interest of the child is the paramount consideration, and the child’s fundamental rights are to be safeguarded. The age-appropriate views or consent of the child are to be sought and freely given to the adoption arrangement. Adoption is a service for children, not for adults wishing to acquire the care of a child.
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Frequently asked questions
The adoption rate in Australia has been declining over the years, with only 208 adoptions recorded in 2021-22, the lowest on record. This is in contrast to the 46,212 children living as part of the out-of-home care (OOHC) system.
The decline in adoption rates in Australia is attributed to various legislative, social, and economic factors. These include greater social acceptance of raising children outside registered marriage, increased support for single parents, and improved access to birth control. Additionally, there is a strong push for children in OOHC to maintain active contact with their parents or achieve permanency through foster/kinship care arrangements.
Australia classifies adoptions as local adoptions (within the country) and intercountry adoptions (adoption of children born overseas). Known child adoptions, such as adoption by relatives or stepparents, are considered local adoptions.
The adoption process in Australia is regulated by state and territorial government agencies or approved adoption agencies. Each state has its own legislation and eligibility requirements for intercountry adoptions. The cost of local adoptions in NSW can exceed $3,000, while intercountry adoptions can cost approximately $10,000.
