Legislation and research
International law
The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption(Opens in a new tab/window) (Hague Convention) aims to protect children and their families from trafficking, and illegal and ill‑prepared adoptions.
The Hague Convention focuses on the need for countries to work together to prevent the abduction, sale or trafficking of children.
The core belief of the Hague Convention is that the birth family or extended family should raise a child. When family care is not possible, the birth country should consider other forms of care in that country.
Intercountry adoption should only happen if in the best interest of the child. It should only be considered when all other placement options have been explored and ruled out.
The Hague Convention has been part of Australia’s intercountry adoption process since 1998. Every overseas adoption must follow its rules, through a state or territory central authority.
We only work with partner countries who meet the principles and standards of the Hague Convention. It is not a requirement for partner countries to have signed the convention. But they must work within the key principles to be able to facilitate intercountry adoptions with Australia.
Guides to the Hague Convention
The Permanent Bureau of the Hague on Private International Law also provides guides for participating countries.
- “The Implementation and Operation of the 1993 Hague Intercountry Adoption Convention: Guide to Good Practice No. 1(Opens in a new tab/window)”, Permanent Bureau of the Hague
- “Celebrating the 25th Anniversary of the 1993 Hague Intercountry Adoption Convention (PDF)(Opens in a new tab/window)”, Permanent Bureau of the Hague.
- “Information Brochure on the 1993 HCCH Intercountry Adoption Convention(Opens in a new tab/window)”, Permanent Bureau of the Hague
- “Hague Guidelines on Post-Adoption Services(Opens in a new tab/window)”, Permanent Bureau of the Hague
- “Accreditation and Adoption Accredited Bodies: General Principles and Guide to Good Practice No. 2(Opens in a new tab/window)”, Permanent Bureau of the Hague
- “Habitual Residence and Scope of the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (PDF)(Opens in a new tab/window)”, Permanent Bureau of the Hague
Australian legislation
There are many laws affecting intercountry adoption in Australia.
These are governed by Commonwealth as well as state and territory laws.
Commonwealth legislation
Commonwealth family and immigration laws:
- Family:
- Immigration:
- Australian Citizenship Amendment (Intercountry Adoption) Act 2015(Opens in a new tab/window)
- Australian Citizenship Act 2007(Opens in a new tab/window)
- Immigration (Guardianship of Children) Act 1946(Opens in a new tab/window)
- Migration Act 1958(Opens in a new tab/window)
- Migration Regulations 1994(Opens in a new tab/window)
State and territory legislation
Each state and territory also has its own laws for intercountry adoption.
- Australian Capital Territory
- New South Wales
- Northern Territory
- Queensland
- South Australia
- Tasmania
- Victoria
- Western Australia
Research
We have funded research to better understand intercountry adoption and its impacts.
- Intercountry Adoption and Suicide in Australia: A Scoping Review
- Literature review providing an in-depth overview of existing research on the effects of intercountry adoption on adoptees
- Literature Review on Factors Influencing Intercountry Adoption Rates
- Evaluation of the Intercountry Adoption Australia service
Australia’s history of intercountry adoption was discussed in the Standing Committee on Family and Human Services(Opens in a new tab/window) of the House of Representatives in 2005. This provides a thorough overview of past practices and trends.
The Department of the Prime Minister and Cabinet prepared the “Report of the Interdepartmental Committee on Intercountry Adoption(Opens in a new tab/window)” in 2014. It summarised the status of intercountry adoption, stakeholder input, and directions for future reform.