Legislation and research

The laws and research on intercountry adoption in Australia.

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.

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:

State and territory legislation

Each state and territory also has its own laws for intercountry adoption. 

Research 

We have funded research to better understand intercountry adoption and its impacts. 

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.

More information

Learn more about Australia’s intercountry adoption policies.

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